Owner Project Requirements:
Construction Fence


Work you can do without a permit, Licensed Contractor, or Registered Design Professional

There is some minor work, described below, that can be performed without a work permit, without hiring a Licensed Contractor, and/or without hiring a Registered Design Professional.


Work you can do without a permit

The NYC Administrative Code §28-105.4.5 clarifies work exempt from permit, which does not absolve work from compliance with any other law or rules enforced by the Department. Owners are obligated to comply with requirements of other City agencies. Unless otherwise indicated, permits shall not be required for the following:


Emergency Work

Administrative Code Section AC 28-105.4.1 clarifies ‘emergency work’ as work otherwise requiring a permit, performed to relieve an emergency condition. Licensed Contractors may perform emergency work prior to getting a permit as long as it is submitted within two (2) business days after work commences and includes a description of the emergency condition and mitigating measures taken.

Emergency work, as it relates to Temporary Construction Fence projects, may include but shall not be limited to:

  • Erection of sidewalk sheds, fences, or other similar structures to protect the public from an unsafe condition.

When you need to hire a Licensed Contractor to obtain a permit

A Licensed Contractor may submit a Temporary Construction Fence application to the Department, in lieu of a Registered Design Professional when the application’s drawings indicate a design in accordance with Approved Board of Standards and Appeals (BSA) Minutes or when allowed by BC 3307.7.5 permits the installation of Temporary Construction Fences in connection with the construction or demolition of a one-, two-, or three-family buildings.


When you need to hire a Registered Design Professional, Licensed Contractor and obtain a permit

If the Temporary Construction Fence project is comprised of aspects of work exceeding what’s allowed above, then a Registered Design Professional must submit construction plans, for approval by the Department, prior to obtaining a work permit.


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