Understanding The Changes To New York City’s Scaffolding Laws

On April 17, 2025, New York City Mayor Eric Adams signed into law a series of reforms to address the use and design of sidewalk sheds across the city. The new legislation, initially proposed under the city’s “Get Sheds Down” initiative, limits the duration of shed installations, tightens permitting rules, and introduces new penalties for delayed facade repairs, among other reforms. This client alert will highlight the provisions from the legislation that will directly impact property owners and tenants.

Shorter Shed Permit Durations (Intro. 393-A)

Permits for sidewalk sheds were previously issued for one or two years. Intro. 393-A reduces the time for a permit to three months and subjects renewals to penalties. Penalties will be enforced beginning with the second renewal, but there are no penalties for sidewalk sheds in connection with a new construction, enlargement of a building, demolition of a building, or if a sidewalk shed is required in connection with construction to a one- or two-family home. Each renewal application must include a report from a registered design professional that includes the current condition of the premises, the work performed since the last permit issuance, the current work in progress, and the timeline for completion.

A tiered penalty structure for sheds remaining for an extended period of time has been introduced. If a shed remains in place for less than three (3) years the fine is $10 per linear foot per month; if a shed remains in place three (3) years but less than four (4) years the fine is $100 per linear foot per month; and if a shed remains in place four (4) years or more the fine is $200 per linear foot per month up to a maximum of $6,000 per month. The law does however, provide the prospect for exemptions to the penalty due to financial hardship, inability to access the neighboring property, or inability to obtain materials.

Revised Facade Inspection Cycles (Intro. 394-A)

This law directs the New York City Department of Buildings (DOB) to evaluate the existing Facade Inspection and Safety Program (FISP), also known as Local Law 11, and submit its recommended revised inspection schedule to the City Council by Dec. 31, 2025. Local Law 11 previously had a 5-year inspection cycle for buildings greater than 6 stories in height. The new law will extend to an interval cycle between 6 and 12 years depending on the DOB recommendation. In addition, the initial facade inspection for new buildings has also been changed from the 5th to the 8th year following the erection or installation of exterior walls and related structures.

New FISP Enforcement And Penalty Structures (Intro. 661-A)

While FISP inspection cycles will lengthen under the aforementioned Intro. 394-A, Intro. 661-A increases penalties for buildings that fail to timely complete necessary façade repairs. Building owners must now meet specific deadlines for required tasks following an inspection report or face penalties which include: $5,000-$20,000 for failure to file complete construction documents within 5 months of shed permit issuance; $5,000-$20,000 for failure to file and diligently pursue complete permit applications within 8 months; and $5,000-$20,000 for failure to complete façade repairs within 2 years (unless extended). These periods may be extended with written extension requests which must include documentation explaining delays and a contract with repair scope and timeline.

Enhanced Shed Design And Visibility Standards (Intro. 391-A And 660-A)

These laws aim to improve pedestrian experience through better design aesthetics, increased height clearance, and enhanced light standards. Under Intro. 391-A, the minimum ceiling height of a sidewalk shed increases to 12 feet from 8 feet; color options for a sidewalk shed will include white, metallic gray, or any shade that matches a building’s facade, trim, cornice, or roof; and construction site fencing must match in color to the sidewalk shed when both are at the same site. Under Intro. 660-A, LED lighting is now required for all sidewalk shed illumination, the minimum illumination has increased to 1.5 foot candles from 1 foot candle, and to prevent light intrusion into building units, fixtures with shielding or directional adjustments are required for sheds within a 20-foot radius of a residential unit window or glass door.

The foregoing is not intended to be comprehensive nor constitute legal advice. If you would like to discuss your specific circumstances or would like more information, feel free to contact us at (212) 625-8505.

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