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Working above a neighbor's roof: BC 3309.10 protection and access

When work takes place above an adjoining property's roof, NYC requires protection of that roof and an access agreement with the neighbor. What triggers it and why it delays jobs.

Do I need the neighbor's permission to work above their roof in NYC?

If your work is above an adjoining property, you need to protect that roof and you need an access agreement with its owner. This is the item that most often delays a facade job, because it depends on a third party who has no deadline.

Checklist row
Roof protection (neighbor's roof)
Code reference
BC 3309.10
Filed through
Agreement with the adjoining owner

What matters on a real job

Protection is physical and legal

You protect the roof, and you paper the access. Both.

Start it early

Access agreements are negotiated, not filed. A neighbor who will not sign can stop a lot line elevation indefinitely.

It shows up at the lot line

Rear and side elevations on tight lots are where this bites.