Stop Work Order NYC: How to Resolve and Remove a DOB Stop Work Order

What Is a Stop Work Order in NYC?

A Stop Work Order in NYC is issued by the New York City Department of Buildings when DOB inspectors determine that unsafe work, unauthorized work, or other conditions require construction activity to stop.

The purpose of a Stop Work Order is to protect workers, tenants, the public, buildings, and surrounding properties. Depending on the circumstances, DOB may issue either a full or partial Stop Work Order.

A Stop Work Order should be taken seriously. Continuing work covered by the order can result in additional violations and civil penalties.

Full vs. Partial Stop Work Order

Full Stop Work Order

A Full Stop Work Order (FSWO) generally stops all work at the affected site, except for authorized remedial work necessary to make the property safe.

Partial Stop Work Order

A Partial Stop Work Order (PSWO) prohibits specific work, activities, or work in a particular portion of a property while other authorized work may potentially continue.

Property owners and contractors should carefully review the exact language and scope of the Stop Work Order before taking any further action.

Why Does NYC DOB Issue Stop Work Orders?

Stop Work Orders can result from different construction and building conditions. Common issues include:

• Work performed without the required permit
• Work that does not conform to approved construction documents
• Unsafe construction conditions
• Construction safety violations
• Work performed outside the scope of an approved permit
• Improper or incomplete construction work
• Other conditions requiring DOB enforcement action

NYC DOB's published Stop Work Order information identifies work without a permit and work that does not conform to approved construction documents among the conditions that can result in Stop Work Orders.

Stop Work Order for Work Without a Permit

One of the most important situations involves construction work performed without the required permit.

When DOB issues a Stop Work Order for work without a permit, obtaining a permit alone does not necessarily mean construction can immediately resume. The Stop Work Order must also be properly rescinded by the NYC Department of Buildings.

Property owners should avoid restarting work simply because a permit has been obtained. The applicable Stop Work Order must be addressed according to DOB requirements.

How to Remove a Stop Work Order in NYC

The exact process depends on the reason for the Stop Work Order, the issuing DOB unit, the type of work involved, and the documentation required. In general, the process may include the following steps:

1. Review the Stop Work Order. Identify the violation, location, scope of work, and DOB unit responsible for the order.
2. Determine the cause of the order. Establish whether the issue involves work without a permit, unsafe conditions, construction documents, contractor issues, or another DOB requirement.
3. Correct the violating conditions. Complete the required corrections and make the property compliant with applicable NYC requirements.
4. Obtain required permits or approvals. If permits or amended construction documents are required, the appropriate filings should be addressed before requesting rescission.
5. Address applicable penalties. Any applicable civil penalties or related violations should be resolved according to DOB requirements.
6. Request the required inspection or review. DOB may require a re-inspection to verify that the conditions associated with the Stop Work Order have been corrected.
7. Request rescission of the Stop Work Order. The appropriate DOB unit must review the correction and authorize the rescission before covered work can resume.

Can You Work While a Stop Work Order Is Active?

Property owners and contractors should not continue work covered by an active Stop Work Order unless the work is specifically authorized as permitted remedial work or otherwise authorized by DOB.

According to NYC DOB, performing work against a Stop Work Order can lead to additional violations and civil penalties. The Department may also require applicable penalties to be paid before the Stop Work Order can be rescinded.

NYC Stop Work Order Penalties

Continuing work in violation of a Stop Work Order can create additional financial exposure.

NYC DOB currently states that civil penalties for violating a Stop Work Order can include $6,000 for a first offense and $12,000 for subsequent offenses, subject to the applicable circumstances and current DOB rules.

These penalties are separate from potential penalties associated with the underlying violation that caused the Stop Work Order.

Stop Work Order and DOB Violations

A Stop Work Order may be connected to one or more NYC DOB violations. Resolving the underlying violation is often an important part of getting the Stop Work Order addressed.

Depending on the property and violation, documentation such as permits, photographs, sworn statements, professional certifications, invoices, or other proof of correction may be required.

A careful review of the property's DOB records can help identify the outstanding issues that must be addressed before requesting rescission.

Why Professional Assistance Can Help

NYC building regulations and DOB enforcement procedures can be complicated, particularly when a property has multiple violations, expired permits, unpermitted work, construction document issues, or outstanding penalties.

A violation removal and expediting company can help property owners understand the outstanding issues, organize documentation, coordinate the required filings, and navigate the DOB process.

NYC Building Violations Removal & Expediting LLC. assists property owners and contractors with NYC building violation-related matters, including Stop Work Order resolution and DOB expediting services.

Stop Work Order Services in NYC

If your property has an active NYC Stop Work Order, it is important to determine exactly why the order was issued and what DOB requires before requesting rescission.

Our team can assist with:

• Stop Work Order review
• NYC DOB violation research
• Violation correction coordination
• Permit and document coordination
• Certificate of Correction assistance
• DOB filing and expediting assistance
• Inspection and re-inspection coordination
• Stop Work Order rescission assistance

Frequently Asked Questions About Stop Work Orders in NYC