How to Handle a Work Without a Permit (VW) Violation

VW is the work without a permit code in a Department of Buildings violation number. The notice states the work. Here is how to read it and what the city requires.

The letters are not interchangeable. VWH is the hazardous version. VPW means pending work without a permit. LL58 and LL58/88 are Local Law 58 of 1988, penalties for work without a permit. Elevator work without a permit uses VECW or VEW, and VEWL or VWL when there is a lien. See all NYC DOB violation types.

Read the notice

Confirm the number contains VW and not one of those other codes. An asterisk means DOB's types page marks the item dismissed.

Older summonses say ECB. Current pages call that hearing path an OATH summons. The Office of Administrative Trials and Hearings (OATH) holds the hearing. OATH is not part of the Department of Buildings and does not issue the summons. A DOB violation, by contrast, orders correction and has no court appearance.

The classification table lists work without a permit as Class 1, Class 2 or Class 3. If a class is printed, Class 1 is immediately hazardous, Class 2 is major, and Class 3 is lesser. The class is severity; the VW code does not set it. On a summons, read the hearing date and any cure date. If the summons allows a cure, correct every condition and submit an acceptable certificate of correction on or before that date. A cure is an admission. Unless OATH dismisses the summons, the condition must still be corrected and the correction accepted. Paying the penalty does not close the Department record.

What the city is requiring

Follow the unpermitted work named on the notice. If a summons was issued for work without a permit, Department civil penalties must be paid or waived before a certificate of correction is approved. That step is handled by the borough office that issued the summons.

A stop work order issued for work without a permit is not lifted just because a permit is later issued. Work that resumes before the order is rescinded can draw more violations, and the Department will not rescind the order until those penalties are paid. A full stop work order prohibits all work except remedial work to make the site safe. A partial order prohibits only the work or area it names. DOB states additional civil penalties of $6,000 for a first offense of working against a stop work order and $12,000 for a later offense.

DOB's table also names specific charges: construction or alteration without a permit in a manufacturing district for residential use, plumbing work without a permit, demolition without a demolition permit, electrical work without a permit, and an outdoor sign on a display structure without a permit. Those apply when the notice states them, not because the code is VW.

What S & M Expediting handles

We research the VW notice, the borough office, and whether a civil penalty has to be cleared before the correction can be approved. We prepare and file the certificate of correction and the related Department filings, and we follow them. When the paper is a summons, we can appear at the OATH hearing. See violation removal.

Who does the corrective work

The licensed trade for the work on the notice does the correction and files the permit application that trade is allowed to file. We will work with the contractor you have, or if not, we will recommend one from our network.

Call us at 718-833-2333 or email info@sandmexpediting.com. Have the notice, any stop work order, and any permit papers ready. S & M Expediting is a New York City certified minority- and women-owned business.

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