Requires local building departments to process and approve or deny applications for residential or mixed-use buildings within 30 days; provides that if the local department does not process the application within the required timeframe an applicant shall be permitted to retain a private professional to perform the permit review to determine compliance with state and/or local building codes.
STATE OF NEW YORK
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11685
IN ASSEMBLY
September 2, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simone) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law and the administrative code of the
city of New York, in relation to time limitations for application
review and issuance of residential and mixed-use building permits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 381 of the executive law is amended by adding a new
2 subdivision 7 to read as follows:
3 7. Upon an application for a residential or mixed-use building permit
4 which is deemed complete, the building department of a local government
5 or county government, if applicable, shall provide the applicant with an
6 estimated timeframe in which the department will determine if the
7 complete application is compliant with permit standards. If the esti-
8 mated timeframe exceeds thirty business days, the applicant may retain,
9 at the applicant's sole expense, a private qualified professional
10 licensed pursuant to article one hundred forty-five and/or one hundred
11 forty-seven of the education law, as appropriate, to examine the plans
12 and specifications for their compliance with the requirements imposed
13 pursuant to this article and by any local ordinances adopted pursuant to
14 this article. The building department shall process the permit applica-
15 tion within twenty business days of the submission of a report submitted
16 by a qualified professional and issue or deny the application within
17 such timeframe.
18 § 2. Section 28-105.5 of the administrative code of the city of New
19 York, as amended by section 1 of part A of local law number 126 of the
20 city of New York for the year 2021, is amended to read as follows:
21 § 28-105.5 Application for permit. All applications for permits shall
22 be submitted on forms furnished by the department. Applications shall
23 include all information required by this code, other applicable law or
24 the rules of the department. The applicant shall list any portions of
25 the design that have been approved for deferred submittal in accordance
26 with section 28-104.2.6. The application shall set forth an inspection
27 program for the project. An application for a permit shall be submitted
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16114-02-6
A. 11685 2
1 no later than 12 months after the approval of all required construction
2 documents (other than those documents approved for deferred submittal).
3 The department shall provide written notification to owners of adjoining
4 property at the time such application is submitted. Upon an application
5 for a residential or mixed-use building permit which is deemed complete,
6 the department shall provide the applicant with an estimated timeframe
7 in which the department will determine if the complete application is
8 compliant with permit standards under this code. If the estimated time-
9 frame exceeds thirty business days, the applicant may retain, at the
10 applicant's sole expense, a private qualified professional licensed
11 pursuant to article one hundred forty-five and/or one hundred forty-sev-
12 en of the education law, as appropriate, to examine the plans and spec-
13 ifications for their compliance with this code. The building department
14 shall process the permit application within twenty business days of the
15 submission of a report submitted by a qualified professional and issue
16 or deny the application within such timeframe.
17 § 3. This act shall take effect on the ninetieth day after it shall
18 have become a law.
