Is The Shed Dead? NYC Cracking Down On Unsightly Construction Scaffolding

Along with the charming historic buildings and modern skyscrapers, what one may notice when walking the streets of New York City are the “green boxes,” or scaffolding sheds, that riddle the city, taking up about 400 miles of sidewalk space.

These sheds are required to be installed to protect pedestrians from facade restorations and renovations for buildings with six or more stories, according to Local Law 11 and the Department of Buildings’ Facade Inspection Safety Program. While protection is needed to safeguard the public from any stray materials, building owners can “indefinitely delay” repairs on these projects — keeping the sheds on city sidewalks for years without enforceable penalty. 

“We have nearly 400 miles of scaffolding in New York City, taking up public space that belongs to New Yorkers and the millions who visit our city every year,” Mayor Eric Adams said in a statement. “New Yorkers wouldn't be happy with these unsightly constructions in other cities, and we shouldn't be OK with them here at home.” 

There are nearly 9,000 sheds across the city — about 1,000 of which have been up for more than three years. Some New Yorkers have even seen this scaffolding on their buildings for close to 10 years.

Maurizio Anglani, partner at Ingram Yuzek Gainen Carroll & Bertolotti LLP, a New York-based CRE law firm, said that anyone walking through the city can recognize the importance of this scaffolding. However, it can be a lingering eyesore that harms businesses and even intensifies safety concerns.

“We are often involved in issues involving sidewalk sheds, especially in connection with the relationships between neighboring properties and also between landlords and tenants,” he said. “In this regard, the mayor’s newly unveiled plan could have a significant effect on some of the issues we deal with.” 

Adams and DOB Commissioner Jimmy Oddo’s new plan to incentivize building owners to speed up facade repairs and remove sheds faster is called “Get Sheds Down.” The plan also explores more aesthetic and less invasive alternatives to these “green boxes.” 

The plan aims to reduce the period in which shed permits are valid from 12 months to 90 days, and includes a penalty of $10K for noncompliance with Local Law 11 and its permitting and repair deadlines in certain business districts. This hefty fine will be in addition to monthly penalties from the DOB if owners do not make any progress on necessary repairs under FISP.

The new permitting requirements, financial penalties and increased oversight, in addition to the low-interest loan program for small property owners to complete necessary facade repair work, could result in a crackdown on slow-moving repair jobs — hopefully reducing the length of these repairs, Anglani said.

The mayor’s new plan also tackles the design aspect of the sidewalk sheds by developing other safety options that will “bring the ubiquitous pipe-and-plywood shed design into the 21st century.” Proposed alternatives include safety netting and carbon fiber wrap, but the DOB still has to decide on what will be used in place of these sheds — or if such solutions are even effective, he said. In the meantime, the city is planning to allow for “aesthetic enhancements” to the sheds, including art installations and lighting.

“It will be interesting to see how the use of netting affects adjacent property owners and tenants,” Anglani said. “The use of alternative shed designs might become more relevant. And with increased penalties and violations, tenants and neighbors might have more leverage in private disputes with property owners conducting repairs necessitating sheds.”

Anglani added that in connection with Local Law 11, “Get Sheds Down” also allows the DOB to evaluate whether a mandate to inspect facades every five years can be changed to be less stringent without sacrificing safety standards, thereby reducing the burden on building owners.

“This could have a significant impact on the CRE and construction industries in New York City,” he said. “While this plan was just unveiled this summer, we’re interested to see how it will impact not only our clients, but the city as a whole.”

This article was produced in collaboration between Ingram Yuzek Gainen Carroll & Bertolotti LLP and Studio B. Bisnow news staff was not involved in the production of this content.

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