Archinect
anchor

Anyone Self Certify a DOB Filing in NYC?

RankStranger

Are the pitfalls real or just perceived? If the architect is responsible and does his/her due diligence this should be no big deal, right?

 
May 19, 10 2:33 pm
bklyntotfc

The potential problem is that the DOB is spending a lot of time these days tightening up their interpretation of the Building Code.

So stuff that was legal for years isn't any more. For example, non-habitable rooms like rec. rooms or home offices now have to have the same light/fresh air as a habitable room. They didn't used to. Having a good expediter can reduce these issues, but you, not the expediter is on the hook if there's a problem.

Each borough's DOB is also independent, so what may be commonly approved in Manhattan is not allowed in Brooklyn.

They're also auditing self certified filings more aggressively, as self cert was the main weapon of architects/developers who were exceeding FAR and height limitations during the boom.

So you may believe that you're meeting all code requirements, but if you're audited (likely after construction's well under way) and the DOB disagrees, you have a problem, maybe a big problem.

So far I have never self certified - convincing clients instead that it's in their interest to have DOB sign off on things beforehand. If I ever do a self cert, I plan to have my client sign a letter acknowledging that the code is subject to interpretation, and the while I'll self certify for their convenience, I assume no liability if there's an audit that that has "interpretation' issues...but I'd still be liable if I just out and out get something wrong.

Good luck.

May 19, 10 3:17 pm  · 
 · 

Block this user


Are you sure you want to block this user and hide all related comments throughout the site?

Archinect


This is your first comment on Archinect. Your comment will be visible once approved.

  • ×Search in: