Who Must Comply with Local Law 11 / FISP?

The short answer: any building in New York City that is six stories or taller must have its exterior walls inspected and a report filed with the Department of Buildings under Local Law 11 / FISP. The long answer involves edge cases, exemptions, and common misunderstandings.

The Basic Rule

A building is subject to FISP if it meets both of these criteria:

1. Located in New York City (any of the five boroughs).
2. Six stories or taller, as recorded in the DOB’s building information system.

The story count is based on the DOB’s records, not the building owner’s count. Mezzanines, mechanical floors, and other partial levels may or may not count depending on how the building was classified at the time of its certificate of occupancy. If there is any ambiguity, the DOB record governs.

Building Types That Must Comply

FISP applies regardless of use, ownership structure, or construction era:

• Residential: rental apartments, co-ops, condos, mixed-income housing
• Commercial: office buildings, retail, hotels
• Mixed-use: residential over commercial, any combination
• Institutional: hospitals, schools, houses of worship (if 6+ stories)
• Government-owned: city, state, and federal buildings (with some procedural differences)

The age of the building does not matter. A new construction high-rise and a 1920s prewar apartment building are both subject to FISP if they are six stories or taller.

Common Questions

Does my co-op or condo have to comply?

Yes. Co-operative apartments and condominiums are subject to FISP. The board of directors (co-op) or board of managers (condo) is responsible for hiring a QEWI, funding the inspection, and ensuring the report is filed. This is a building-level obligation, not a unit-level one.

What about a 5-story building with a penthouse?

It depends on how the DOB classifies the building. If the penthouse is counted as a sixth story in the DOB records, the building is subject to FISP. If it is classified as a rooftop structure or mechanical penthouse and the building is recorded as five stories, it may be exempt. Check your building’s BIS record on the DOB website.

Are parking garages covered?

Parking garages are covered under a separate law — Local Law 126, which addresses parking structure inspections. LL126 has its own inspection requirements and filing process. A building that contains both residential/commercial space and a parking garage may be subject to both LL11 and LL126.

What if the building is under construction or renovation?

A building undergoing active construction may request a deferral from the DOB if the facade is not accessible for inspection due to construction activity. This is not automatic — it requires documentation and DOB approval. The obligation does not disappear; it is deferred.

Are there any exemptions?

Buildings under five stories are exempt. Beyond that, exemptions are narrow:

• Buildings under active demolition with a valid DOB demolition permit.
• Buildings with no exterior walls exposed to a public way— extremely rare in NYC.

There is no exemption for buildings in good condition, buildings that were recently renovated, landmarked buildings, or buildings whose owners believe they should be exempt. The obligation is based on height and location, not condition.

How to Check Your Building

1. Go to the DOB BIS website.
2. Enter your building address or borough/block/lot.
3. Check the number of stories in the building profile.
4. If six or more, your building must file. Check your Cycle 9 sub-cycle deadline.

Who Is Responsible for Filing?

The building owner is legally responsible. In practice:

• Rental buildings: the landlord or their property management company engages the QEWI.
• Co-ops: the board of directors, typically through the managing agent.
• Condos: the board of managers, typically through the managing agent.
• Commercial: the building owner or their facilities management team.

The cost of the inspection is the building’s responsibility. In co-ops and condos, this cost is typically covered by the building’s operating budget or a special assessment.