Code/ regs for garen shed/ gazebo
The neighbor is building some sort of garden structure. It is only about a foot away from the property line and the wooden posts that they have sunk are taller than the fence wall (about 8 or more feet). They may shorten the posts, but what are the regs / codes about these structures? Thanks!
The neighbor is building some sort of garden structure. It is only about a foot away from the property line and the wooden posts that they have sunk are taller than the fence wall (about 8 or more feet). They may shorten the posts, but what are the regs / codes about these structures? Thanks!
If you decide not to complain to DOB to rpeserve your neighbor’s neighborliness with respect to your renovation, there is nothing to stop a DOB inspector who comes to inspect your job in the ordinary course (should you need an inspection) from “noticing” an illegal structure next door, even in the absence of a complaint. Of course, if you are planning to reno without filing, you will certainly want to keep the peace until you are done.
OP again. 10:43 we were probably posting at the same time. Nothing has been filed (actually nothing has been filed ever, for this and neighboring properties including ours). There are posts in the ground, so I suppose it becomes permanent.
I have had a previous experience with DOB and 311. When I called and complained about an illegal extension and deck that another neighbor was building, they sent an inspector around twice and could not get in and then noted it as ‘Resolved’ on the BIS website.
Actually, has anyone had any postive outcomes after complaining to the DOB? I’d like to hear. Or maybe this is the Wild West and we make our own laws and resolve our own disputes.
Thanks 10:22. OP here.
Well, as a matter of fact, we did have a casual conversation about it this am. Mind you, this is a neighbor who has been very nice to us, helped us out when we bought the house, we exchange plants often, we have been to each others houses to check out any renovations, and so on. So as you can guess I too was quite averse to any sort of a pain-in-the-butt situation. It was a dilemma.
Anyways, they said that the structure was not going to be any taller than the fence that is already there (which is 7-8 ft. tall in that part of the yard, but not something that we are going to remedy, it’s been that way for years). We also have a tree next to that part of the fence on our side so that would shield us somewhat more. I told them that I had heard that combustible structures like decks needed to be 3′ away from the property line, and they agreed, but I do not think they will do anything about that, and their shed/ gazebo will be a foot away from the fence.
Hence, it was a compromise of sorts and avoided any confrontation. An outcome was that the neighbor sort of indicated in a non-threatening way, that it was in nobody’s interest (presumably including their own) to go to courts, etc., and hence we took that to mean they would not be a pain if we had any renovations to make, with or without permits. Now, that may not be the route we go, but in the course of a renovation (and we plan one soon), there are several laws that can get inadvertently and unintentionally broken and it’s good to know the neighbor is not sitting by the phone waiting to call 311.
So the resolution may not be entirely satisfactory or above board, but the situation is not untenable. I think this is the best one can hope for in Brooklyn, where the DOB is so impotent and incompetent in ensuring that code is followed.
You can look up his address on the nyc.goc BIS site and see what has been filed.
I think this type of thing is a group U utility and miscellaneous structure, but if its permanently attached to the ground it might be a S class storage or R class residential accessory
anyway, its a structure and falls under NYC building code requirements
Can’t vouch for accuracy, but some possibilities:
There may be a height limit for backyard structures and fences (possibly 6 feet); there may be a requirement of distance from the properly line (likely to be 3 feet); if the structure has a roof, it may be illegal altogether or may require a permit.
Before you go down that road, ask yourself how much it bothers you and why. Going the DOB route against your nextdoor neighbor (as opposed to a developer you will never see again) is a bit of a declaration of war. See if you can get your concerns addressed through friendly negotiation before escalating the issue. Worth knowing your legal position though, even if you never ahve to pull that out of your pocket.