Construction in New York City presents unique challenges for property owners and developers. The proximity of buildings and the sheer scale of construction can present dangers to both adjacent structures and the public at large, and the failure to account for these dangers can lead to damage of adjoining property and injury to passersby.
In the case of adjacent buildings, the New York City Building Code (Section BC 3309), imposes non-delegable duties on the owner or developer performing construction work to protect adjoining public and private property.1 A failure to satisfy these duties can result in the revocation of necessary building permits and constitute evidence of negligence2 or, potentially, result in strict liability.3 However, in order to comply with Section BC 3309, property owners require access to neighboring properties. Access requires a license, which can be given voluntarily by the neighboring property owner or, in some circumstances, compelled by court order under New York Real Property Actions and Proceedings Law Section 881.4 This article will address the requirements of Section BC 3309, the necessity of a license for access, and the circumstances under which an owner seeking access can obtain a license from the court.
Requirements of BC 3309
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