ADU Permits in New York, NY
The New York City Building & Safety Division serves as the Authority Having Jurisdiction for all accessory dwelling unit applications, offering clear guidance and multiple submission options.
Building Code
Contact AHJ
Climate Zone
Varies
Permit Time
Varies
AHJ
Local Authority
The New York City Department of Buildings, acting as the Authority Having Jurisdiction, oversees every ADU project within the five boroughs. Applicants must follow the 2021 International Residential Code as adopted by the City, along with Local Law 97‑2021 which sets energy performance standards for new residential units. The Division provides detailed plan‑check services, on‑site inspections, and a dedicated online portal to keep homeowners and contractors informed at each step of the permitting journey.
What an ADU Permit Requires
First, submit a complete set of construction drawings that show site layout, floor plans, and compliance with the 2021 IRC and local zoning regulations. All documents must be signed by a licensed architect or professional engineer, and the project must meet the minimum lot size and setback requirements outlined in NYC Zoning Resolution Chapter 3.
Next, provide proof of ownership, a recent property tax bill, and any required neighbor notification letters. The Division will conduct a plan‑check review, issue any comments, and schedule field inspections once construction begins. Meeting these requirements ensures a smooth path to final approval.
Common Project Types
Detached ADU
A standalone accessory unit on the same lot, meeting height and setback rules.
Attached ADU
An ADU sharing a wall with the primary residence, subject to fire‑rating standards.
Garage Conversion
Transform an existing garage into a livable ADU while preserving structural integrity.
Basement ADU
Create a below‑grade unit that complies with egress, ventilation, and moisture controls.
Building Department
- Authority
- NYC Department of Buildings – Building & Safety Division
- Address
- 55 Broadway, New York, NY
- Permit Portal
- NYC Building Permit Portal
- Fees
- Permit fees are based on project size and scope; consult the portal for the fee schedule.
Frequently Asked Questions
How long does the initial plan‑check review take?
The Building & Safety Division typically completes the first review within 5 to 7 business days after a complete submission, provided all required documents are included.
Can I submit my ADU permit application online?
Yes, the NYC Building Permit Portal allows you to upload drawings, pay fees, and track status electronically, reducing the need for in‑person visits.
What local amendments affect ADU construction in New York?
Local amendments include specific height limits, parking waivers, and energy performance criteria found in the NYC Zoning Resolution and Local Law 97‑2021. These are referenced on the Department of Buildings website.
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