Help! Legality of Extension
My neighbor is building a 5-story, full width, 9′ deep extension. That is within their FAR and permissible as far as I can tell. They are also building a “greenhouse” or glass structure, full width, 5 feet deep. Can someone point me to the section of NYC building code that governs this greenhouse? I want…
My neighbor is building a 5-story, full width, 9′ deep extension. That is within their FAR and permissible as far as I can tell. They are also building a “greenhouse” or glass structure, full width, 5 feet deep.
Can someone point me to the section of NYC building code that governs this greenhouse?
I want to know specifically:
1) The side of the greenhouse adjoining my property is solid concrete block – is this allowed?
2) They are building this greenhouse about 1.5 ft above the height of their garden floor (which pushes up the height of the concrete block wall on the 1st flr) – is this permissible?
Thanks!
“I would reintroduce myself to your neighbor and work out the rules of the game before they start. Be proactive. Let them know you expect prior notice before excavation begins, construction hours weekdays 7am till 6pm. weekends you need a variance, access to your property issues, house keeping issues…”
Awesome advice. Quest 4 I don’t mean to suggest you have no right to find out if what they are doing is legal. OF course you do and you should. But IMBY is suggesting the best possible way of doing it–in person, face to face, straightforward. I got burned by a neighbor who didn’t do any of those things but just called me in and it has been a real problem for me on numerous levels.
Just so you know just because their plans have been approved doesn’t mean that what they are building will conform to zoning/building code. That said if I was in your shoes(actually I have been for the last 5 years) I would reintroduce myself to your neighbor and work out the rules of the game before they start. Be proactive. Let them know you expect prior notice before excavation begins, construction hours weekdays 7am till 6pm. weekends you need a variance, access to your property issues, house keeping issues…
Also take tons of before photos to document the condition of your property, ask to see their insurance papers, talk to your insurance co. to see if you are covered against his contractor’s negligence (I bet not)and get every contractors promise to “fix things when he’s done” in writing, notarized, and made in front of a member of the clergy.
Thanks for all the comments. Why is it strange to find out if what your neighbor’s doing is legal? It’s a permanent structure, and has some impact on resale value, etc. I would hate to be in the position of selling the place, and having to explain to potential buyers that the neighboring extension is illegal, etc.
By the way, I would never complain to DOB – I don’t care that much about noise or mess. It’s purely an issue of whether it’s legal.
I read the relevant sections of code and all seems legitimate. It’s also good to know in case I want to build an extension in the future myself.
you should be looking at zoning not code.
The code referenced above is for work not requiring a permit (1968 code – I’m not even sure it still applies under current 2008 code)….
However, they almost certainly DO have a permit since they are already building a 5 story extension so that section of code is neither here nor there….
Of course they can build a concrete block wall on their lot line per Code (it may even be required), the question in this case is whether it is permitted by Zoning…
it probably is a permitted obstruction by the way, but I don’t have time to check for you right now…
if you’re in a residential district look at chapter 2, bulk regulations and look under permitted obstructions in open space and yards (separate sections)…
As somebody who has been narked on to DOB by a neighbor may I suggest OP that you refrain from doing this unless you actually fear for your safety or some other very serious reason. It is a very nasty and expensive and frustrating reality that you plunge another person into by turning them into DOB. Last resort only says I…
Change is hard–I’m sure you’ll get used to it.
This sounds reasonable, and unless you’re fishing for a lawsuit, let it go — following the rules perfectly is prohibitively expensive, which is why NYC housing is simultaneously crappy and expensive.
Do I understand the above correctly, that we can have a greenhouse up to 120 square feet installed on the ground floor without a permit?
I would imagine the walls would have to have some sort of footing but maybe not a “foundation”….the thing is though, what if the greenhouse is a lean-to against the house (thus, not free-standing)? Once it touches the house or is near it, wouldn’t a permit be in order?
Also, I imagine, but correct me if I’m wrong, but wouldn’t there be more issues with a wood-frame greenhouse up against the house rather than with a metal greenhouse structure?
I do feel for the original poster. Having a neighbor build outward 14 feet blocking light…and having a big structure loom out over your backyard is terrible, simply atrocious. I would be livid. The mess alone…and with old buildings that have been in place for so long, when you start excavating, digging, whatever, things can happen…or, become apparent over time. Hello cracked walls.
I would hate to have a neighbor named guest4. I would have a blinking neon sign on my door “busy bodies not welcomed” 😛
you should be able to pull up the plans on the dob website