Work Without a Permit in NYC: How to Clear the Violation

A Department of Buildings (DOB) inspector shows up at your home or place of business and issues a work without a permit violation. What is your next step?

The first step is to reach out to a permit expediting company like S & M Expediting. We help assemble the right team to get you out of this jam.

Work without a permit violations are common and, unfortunately, costly to resolve. If left unresolved, they can lead to heavier fines. They can also trigger enforcement actions, such as a stop work order, depending on how serious the condition is.

Clearing a violation for work without a permit

You clear a work without a permit violation by taking the steps needed to obtain the permit. In some cases you will have to hire a registered architect (RA) or professional engineer (PE) to prepare plans to be filed with DOB. Once the plans are approved, the required civil penalty must be paid before the contractor can obtain the permit.

If the violation was for plumbing or electrical work done without a permit, a licensed plumber or electrician obtains the permit, and plans are not required. The civil penalty still has to be paid before the permit is issued.

How the DOB civil penalty is set

The civil penalty paid to DOB is based on the filing fee paid when the job is filed. Since 2018, the penalty for work without a permit at a one- or two-family house is six times the filing fee, with a minimum of $600. For all other buildings, the civil penalty is twenty-one times the filing fee, with a minimum of $6,000 and a maximum of $15,000.

Paying the penalty does not close the violation

You may think that once the civil penalty is paid, the violation is closed out. It is not. If the violation was issued as an OATH summons, there is a hearing, and a certificate of correction also has to be filed for the violation to be resolved. If you were issued a regular DOB violation with no hearing date, an inspection by a DOB inspector is required to have the violation dismissed.

If the summons is an ECB or OATH case, see how to resolve an ECB violation. If you want to know what the VW code on the notice means, see how to handle a work without a permit (VW) violation.

How we help

S & M Expediting researches the violation, prepares the filings, and can appear at the hearing. We do not do the construction. We will work with the contractor you have, or if not, we will recommend one from our network. If you have been issued a violation for work without a permit, call us at 718-833-2333.

Call 718-833-2333Get a consultation