Key Points
- New DOB Attestation Requirement: Effective Jan. 26, 2026, NYC Department of Buildings requires Condo/Co‑Op Board attestation in DOB NOW: Build before unit owner/shareholder alteration permits proceed.
- Board and Management Actions: Designate authorized representatives with NYC.ID accounts, monitor alteration filings, and complete Statements & Signatures attestations promptly to avoid DOB permit delays.
- Policy and Agreement Updates: Revise alteration policies and standard agreements to incorporate attestation; attest only after formal board approval or include written safeguards and required plan amendments.
A procedural change implemented by the New York City Department of Buildings (DOB) will directly affect how shareholder and unit owner alteration applications are processed.
Effective Jan. 26, 2026, the DOB now requires that when the owner of the apartment files a permit application with the DOB for an alteration, a representative of the board must log into the DOB website (DOB NOW: Build) and attest that the board has authorized the permit application. This attestation is completed electronically through the Statements & Signatures tab within the job filing, in the Condo/Co-Op Board Attestation section.
The Impact of the Change
This policy change creates a formal role for the board whenever an apartment owner seeks to obtain a DOB permit to undertake alterations in their apartment. In the past, boards routinely reviewed and approved alteration requests, but the permit process did not require direct board participation.
This new requirement reinforces the need for clear and well-documented internal alteration approval procedures. The board and management should develop new administrative protocols, which should set forth the party responsible for reviewing pending filings, accessing the DOB system and completing the required attestations. Boards should ensure that their alteration policies explicitly address the circumstances under which board authorization will be granted. This will require a revision of any written alteration policy, as well as a revision of the alteration agreement. Failure to promptly complete the process could delay permit approvals and the commencement of alteration work.
Recommendations
To ensure compliance, we recommend the following:
- Designate Representatives. Boards should designate one or more authorized representatives to access the DOB platform and complete attestation. These individuals will need to create an NYC.ID account if they do not already have one.
- Establish Procedures. Managing agents should establish internal tracking procedures to monitor pending alteration filings and coordinate timely attestations.
- Update Alteration Policies and Agreements. Boards should review and revise their alteration policies and standard alteration agreements to incorporate references to the DOB attestation requirement and to clarify the process.
- Timing. Boards and managing agents should ensure attestations are only completed after the board has formally approved the alteration. However, if the board has a policy which permits the filing of plans with the DOB prior to the board's final approval of those plans, the board must ensure that an agreement is in place with the apartment owner which provides that:
- The issuance of the board's attestation in this context does not constitute final board approval of the proposed alteration plans.
- Final approval of the plans will be issued separately by the board in writing.
- The shareholder or unit owner will be required to amend the plans on file with the DOB to conform to the final board approved plans.
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