"To the extent that the DOB does not require the removal of safe enclosures," he says, "that's going to save a lot of people a lot of big headaches." Instead, DOB is going to be focusing on structural stability, like they’ve always done with FISP.”Īttorney Marc Luxemburg, a partner at Gallet, Dreyer & Berkey and president of the New York Council of Cooperatives and Condominiums, agrees. Boards were looking at a lot of costs and legal ramifications. Demolishing them would have run into legal problems, if someone had purchased an apartment with a certain number of rooms. “A lot of co-ops and condos were going to have difficulties because there was no way to legalize a lot of the enclosed balconies under FAR. “It’s a big sigh of relief for everybody that the DOB is going to focus on safety,” says Stephen Varone, president of RAND Engineering & Architecture. “But these structures will need to be examined to ensure their safety every five years as part of the Local Law 11 compliance inspections.” “Owners will not be required to obtain permits for balcony enclosures,” DOB spokeswoman Abigail Kunitz tells Habitat. It was a bureaucratic hornet’s nest, with millions of dollars at stake. Forced removal of illegal enclosures became a dreaded prospect. But legalizing the enclosures, it was feared, would push many buildings to exceed their allowable Floor Area Ratio (FAR) because the enclosed balconies, in essence, added livable square footage to the apartments. The notice caused great anxiety among co-op and condo residents and their boards because many of the enclosures were erected years ago, sometimes by previous owners, frequently without permits. First, owners of enclosed balconies would need to get an architect or engineer to certify that the balconies are structurally sound second, and far more onerous, owners would have until the 9th Cycle filing deadline (beginning in February, 2022) to prove that the structures have legal permits. Last fall, the DOB issued a notice requiring owners of apartments with enclosed balconies to meet a pair of requirements during facade inspections mandated every five years under the Facade Inspection & Safety Program (FISP), commonly known as Local Law 11. Co-ops and condominiums across the New York City have just received a very pleasant surprise from the Department of Buildings (DOB).
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