NYC Alteration Type 1, Type 2 Architect
There are different types of fillings with the NYC Department Of Buildings. One very common question we get from clients is “do I need an alt 1 or do I need an alt 2?” Lets see what the difference is between an Alt 1 and an Alt 2. First the DOB loves abbreviations so lets go over a couple.
- Alt 1 – Alteration Type 1
- Alt 2 – Alteration Type 2
- C of O, or CO – Certificate Of Occupancy
- DOB – New York City Department Of Buildings
- LONO – Letter Of No Objection
Alteration Type 1 or Alteration Type 2
The basic difference between an Alteration Type 1 and an Alteration Type 2 is the effect on the Certificate Of Occupancy for the building. If the work you propose will required getting a new or amended Certificate Of occupancy then you must file an Alt 1. If the work does not require a new or amended certificate of occupancy you can file an Alt 2.
What is a Certificate Of Occupancy (C of O) (CO)?
The Certificate Of Occupancy is a document issued by the Department Of Buildings that lists the building’s legal use or occupancy.
Buildings built before 1938 are not required to have a Certificate Of Occupancy unless they undergo an alteration requiring a new Certificate Of Occupancy.
Alteration Type 1
An Alteration Type 1 or Alt 1 is any alteration that will require a new or amended Certificate of Occupancy. so the entire point of an Alt 1 is to change the C of O or if the building is pre 1938 to get your first C of O. The following changes require an Alt 1 and a new C of O: Change in use, egress, or occupancy.
Changing Certificate of Occupancy NYC
Changing a Certificate of Occupancy in NYC will always require an Alt 1.
Here are some examples:
- If you have a commercial building or space and you want to convert it to residential.
- Converting from residential to commercial.
- If your want to build an addition to your building that changes its use or occupancy.
- Vertical Enlargements – Adding a floor to a building
- Increasing the number of apartments in a residential building.
- Converting a 2 family house into 3 families.
- Change that alters the number of occupants in a space.
- Changes in outdoor space can also require an alt 1 like adding outdoor seating in the rear yard of a restaurant.
- Building a roof deck.
NYC Architect Alteration Type 1
You will need an architect when filing an alt 1. Make sure to consult with your architect about what type of alteration is right for your project.
Alteration Type 1 to meet New Building Requirements
When you are doing a building addition that increases the square footage by more than 110% you are required to follow new building regulations but not required to file for a new building permit.
That means if the building is 10,000 Square feet and you wish to add 11,000 square feet or more it must be filed as an “Alteration Type 1 to meet new building regulations”. Your building application will be reviewed with the same requirements as a new building.
Alteration Type 1, OT “No Work”
An alt 1 with “No work” is when you are changing the certificate of occupancy or getting a new certificate of occupancy but no actual construction work is being done.
Alteration Type 2 (Alt 2)
An Alteration Type 2 is when you are doing a renovation and not changing the certificate of occupancy. This means no change to the use, egress, or occupancy. Basically this is interior or exterior renovations that leave how the building is used them same. Here are some examples:
- Interior Apartment Renovations
- Renovating a retail store when changing owners but keeping the use as a store.
- Renovating a restaurant as long as it stays a restaurant.
- Alterations where you get a “letter of no objection”
NYC Architect Alteration Type 2
You will need an architect when filing an alt 2. Make sure to consult with your architect about what type of alteration is right for your project.
Letter of No Objection
If a building does not have a Certificate Of Occupancy or the Change is in the same use and occupancy group you can apply for a “letter of no objection” (LONO) to make a change in use. If this is approved you can file an alt 2. One example would be converting a store to a restaurant in a building with no Certificate of Occupancy.