Missed Your LL11 / FISP Deadline? Here’s What to Do

If your building’s Cycle 9 sub-cycle window has closed and no FISP report has been filed, you are in violation. That is not the end of the world, but it does require immediate action. This page explains what happens, what it costs, and how to resolve it.

What Happens When You Miss the Deadline

The DOB tracks FISP filing status by BIN. When a sub-cycle window closes and no report is on file for an obligated building, the DOB can:

1. Issue an ECB violation. Environmental Control Board violations carry per-day penalties that accumulate until the report is filed and the violation is resolved.
2. Require a protective sidewalk shed.If no inspection is on record, the DOB may treat the facade as potentially unsafe and require a sidewalk shed. Shed rental, installation, and DOB permits can run several thousand dollars per month depending on the building’s frontage.
3. Flag the building for enforcement.The violation appears on the building’s DOB record, which is public. Prospective buyers, lenders, and insurers check these records.

How to Cure a Late Filing

The process for filing late is identical to filing on time. The report format, content requirements, and DOB Now submission process are the same. The difference is the violation and any penalties that have accrued.

Step 1: Hire a QEWI immediately

If you do not already have a Qualified Exterior Wall Inspectorengaged, start now. The physical inspection takes a day. The report preparation takes longer — typically three to five days for the photo review and classification, plus another day or two for assembly and filing.

If you are approaching or past your deadline, be upfront with the QEWI about the timeline. Most experienced inspectors have handled late filings and know the process.

Step 2: Complete the inspection

The inspection is the same regardless of timing. The QEWI performs a close-up examination of all exterior walls and appurtenances, documents every condition, and classifies each as Unsafe, SWARMP, or Maintenance.

Step 3: File the report

Submit through DOB Now per the standard filing process. The DOB does not distinguish between an on-time filing and a late one in terms of report content or format. The report itself is identical.

Step 4: Resolve the violation

Once the report is filed and accepted, you can begin the violation cure process. This typically involves:

• Paying the accumulated penalty.
• Providing proof that the report has been filed and accepted.
• If Unsafe conditions were found, completing the required emergency repairs.

What It Costs to Be Late

The cost of a late filing compounds in three ways:

• Accumulated penalties. ECB fines accrue daily or per-violation. The longer the gap between the deadline and the filing, the larger the total penalty.
• Sidewalk shed costs. If the DOB requires a shed, the building owner pays for installation, rental (monthly), permits, and eventual removal. For a building with significant street frontage, this can cost more than the inspection itself.
• Rush fees.A QEWI handling an emergency late filing may charge a premium for expedited turnaround. This is reasonable — they are rearranging their schedule to prioritize your building.

The total cost of missing a deadline is almost always more expensive than the inspection would have been if performed on time.

Can You Get an Extension?

The DOB has historically granted deadline extensions under specific circumstances, but these are not automatic and should not be relied on. If you believe you have grounds for an extension (e.g., building under active construction, access issues), consult with your QEWI and, if necessary, a NYC construction attorney.

Prevention: Don’t Let It Happen Twice

The most common reason for late filings is not that building owners don’t know about the requirement — it’s that the report preparation takes longer than expected. A QEWI engaged three months before the deadline has time to schedule the inspection, process the photography, prepare the report, and file with margin for DOB questions. A QEWI engaged three weeks before the deadline does not.

For your next sub-cycle window, engage a QEWI at least six months before the deadline. That is not conservative — it is standard practice for firms managing large portfolios.