New NYC Scaffolding Regulations Create Hurdles for Building Repairs and Maintenance

New rules passed by the City Council to remove unsightly scaffolding may create more challenges and costs for those undertaking building repairs. The regulations significantly reduce sidewalk shed permit durations from one year to just three months, while adding new penalties of up to $20,000 each time a plan, permit, or facade repair isn't completed within specified timelines.

"It will add to the cost of the projects and the administrative work required," warns Rebecca Poole, membership director at the Council of New York Cooperatives & Condominiums. Attorney Marc H. Schneider adds that shorter scaffold permits will have clear downsides: "It means more money if they need to be renewed and more pressure to secure contractors in a tight market so they can get the work done quicker."

Currently, buildings over six stories must have facade inspections every five years. In the first major change to inspection cycles since they went into effect in 1980, the new law allows the Department of Buildings (DOB) to establish a revised inspection cycle between six and 12 years, with implementation set for Oct. 1, 2026. Longer inspection cycles may give boards some relief on inspection costs, but attorney Marc H. Schneider, CEO and managing partner of Schneider Buchel, says shorter scaffold permits will have downsides for boards. “It means more money if they need to be renewed and more pressure to secure contractors in a tight market so they can get the work done quicker.” 

Additionally, linking facade inspection cycles to shed regulations is questionable. “Inspections only result in sheds if we find unsafe conditions, so to say we should do fewer inspections is to say we should have more unsafe conditions,” says

Stephen Varone, principal at Rand Engineering and Architecture.

Extra burden. Mayor Eric Adams has framed new penalties as “meaningful incentives” to complete facade work within two years, but some engineers say the reality is more complex. “If a building can’t afford to do a project and that’s what is delaying repairs, adding another layer of fees isn’t going to be very helpful,” Vonderhyde says. While a two-year timeframe for a facade project isn’t unreasonable and there are carve outs for the most common delays.

Access is often necessary for engineering work and safety compliance. However, negotiating terms and fees can stall a project for months. “We have almost 20 projects at any one time delayed because of access agreements,” Ferrara says. Currently, unresolved access disputes must be settled in court, a route that takes time and money. Some industry experts say a better solution would be for the DOB to facilitate arbitration or to develop a standardized fee schedule to get access agreements done quicker. 

In response, the DOB points to bills currently before the State legislature aimed at accelerating and streamlining access negotiations. “We look forward to the State Assembly and Senate taking up these bills, and making changes to help better facilitate access agreements between neighbors,” says DOB press secretary, Andrew Rudansky. Similar versions of these bills have been put forward in previous sessions but have not passed either house.

A simpler fix. The new laws also mandate improvements to shed design, including raising the minimum height to 12 feet and ensuring sheds are well lit. The DOB is also tasked with introducing new designs and colors for sidewalk sheds to make them more attractive, and must also provide clear guidance on the use of containment netting as an alternative to sheds. Varone says the new rules should be focused more on aesthetics than on inspections, permits and penalties. “If you just had lighter, brighter, more attractive sheds, a lot of the complaining about all these ugly sheds wouldn’t exist any more,” he says.

Steps to Take Now

While the new regulations present challenges, there are some potential solutions:

1. Plan for longer inspection cycles: The new law allows the Department of Buildings (DOB) to establish a revised inspection cycle between six and 12 years (implementation set for Oct. 1, 2026), which may provide some relief on inspection costs.
2. Address access agreements proactively: Since access agreements with neighboring properties are a major cause of delays, boards should prioritize these negotiations early in the project planning process.
3. Consider containment netting: The new rules mandate that the DOB provide clear guidance on using containment netting as an alternative to sidewalk sheds, which may offer a less obtrusive option in some cases.