New York just updated how buildings handle access agreements — the agreements that let neighbors or contractors temporarily use space during construction or repairs.
These changes matter because they affect everything from façade projects to rooftop work — and they set clearer rules for notice, compensation, and insurance.
Here’s what’s changed, and what your board can do to stay compliant and avoid conflicts.
What’s changing and why it matters
Until now, access agreements were loosely defined, which often led to disputes or delays when one building needed temporary access to another. The new law clarifies:
- Response deadlines: If a neighboring property doesn’t reply within a “commercially reasonable time,” it’s considered a refusal — speeding up negotiations.
- Wider coverage: Agreements now apply to things like pre-construction surveys, vibration monitoring, scaffolding, and rooftop equipment.
- Compensation standards: Boards must document reasonable payments for disruptions (like noise or lost use of space).
- Insurance requirements: The party seeking access must carry liability insurance naming the impacted building and occupants as additional insured.
These updates aim to make projects smoother and reduce legal headaches.
Typical access scenarios in co‑ops and condos
Access agreements come up more often than boards realize. Some examples:
- Façade repairs (Local Law 11): Scaffolding or swing stages may extend onto neighboring property.
- Neighboring renovations: A building next door might need rooftop access or space for construction equipment.
- Emergency repairs: Quick access to inspect or fix leaks, cracks, or structural issues.
- Pre-construction surveys: Engineers may need to document existing conditions before work starts.
What your board should do now
Review your policies and documents
Check your bylaws and house rules — if they mention licensing or access agreements, update them to reflect new standards.
Create a standard access template
Work with legal counsel to draft a template that includes timelines, compensation, and insurance terms. Having one ready saves time when urgent projects arise.
Train your property manager and staff
Make sure front-line teams know how to escalate access requests to the board. A missed email could now legally count as a refusal.
Stay organized
Save copies of all agreements, emails, and proof of insurance. Strong documentation protects your building if disputes arise.
Tips for smoother negotiations
- Start early and in writing: Send access requests as soon as possible — clear records matter.
- Be reasonable about compensation: Courts often award modest monthly fees based on disruption level. A fair offer helps avoid litigation.
- Think long-term: If your building might need access in the future, consider mutual agreements with neighbors.
- Bring in experts when needed: For complex projects, legal and engineering input can prevent costly mistakes.
Connecting to your broader planning
Access agreements usually come up alongside bigger capital projects — like façade work or roof replacements. If your board hasn’t tackled one recently, it’s worth reviewing our guide to hiring an engineer for capital projects. Pairing strong project planning with updated access agreements keeps timelines and budgets on track.
Bottom line
These updated access agreement rules give buildings clearer guardrails — but they also raise the bar for documentation and communication. Reviewing policies now will save headaches when the next scaffolding or renovation request comes through.
For buildings tackling major projects, Daisy’s project advisory team helps lead everything from strategic planning through completion — so you can stay focused on the big picture.
