The Department of Buildings released a service notice outlining penalties for retaining wall inspections coming due starting with the current cycle. Here are all the details on requirements for retaining wall inspections, and when they’re due based on your property’s borough.
What Are Retaining Wall Inspections?
Per Local Law 37/08, effective January 2014, owners of properties with “a retaining wall or part of a retaining wall which is at least ten feet high and faces a public right of way such as a sidewalk or entrance must have a condition assessment of this wall conducted every five years.”
In general, requirements are defined by the DOB as follows:
- In accordance with 1RCNY §103-09 (a)(10) Public right-of way is defined as “A public highway, railroad, street, avenue, alley, public driveway, sidewalk, roadway or any other public place or public way.”
- The elevation of a retaining wall is part of the public right-of-way if a member of the public who is not associated with the property in question can freely walk up to the façade of the building, even if that retaining wall is on private property.
- The retaining wall height is defined as “The vertical distance, measured from the ground surface above the toe of the wall to the top of the wall, wall stem, or wall step for tiered walls, including any parapets or fencing material intended for retaining material … “ The height definition is listed in 1RCNY 103-09 (a)(8).
According to the city’s map, there are 2,423 properties that require retaining wall inspections citywide. 687 are located in the Bronx, where reports are due at the end of 2024 for the current cycle. Some of these properties are public park components, per the city’s list. If you have questions about requirements for your specific property, you can reach out to support@sitecompli.com or your Customer Success Manager.
Owners that share a retaining wall with one or more neighbors may hire one QRWI to inspect the wall. You can get more details on specific scenarios for retaining wall inspections that may apply to your building here, at the DOB’s FAQ page.
The full rules governing retaining wall inspections can be found in 1 RCNY 103-09 .
When Are They Due?
Retaining wall inspections are due once every five years, and are organized based on borough. Below is the schedule for the current cycle (Cycle 3):
| Borough | Cycle 3 Timeframes |
|---|---|
| Bronx | January 1, 2024 to December 31, 2024 |
| Manhattan | January 1, 2025 to December 31, 2025 |
| Staten Island | January 1, 2026 to December 31, 2026 |
| Queens | January 1, 2027 to December 31, 2027 |
| Brooklyn | January 1, 2028 to December 31, 2028 |
Who Can Perform These Inspections?
Retaining wall inspections must be performed by a QRWI – a qualified retaining wall inspector. QRWIs are responsible for performing the inspection, submitting the condition assessment report, and notifying the DOB of any unsafe conditions.
The DOB has a list (updated in October 2023) of qualified inspectors here.
What Is The Filing Process Like?
QRWIs must submit condition assessment reports and fees within 60 days after completing the assessment. Steps for submission can be found here.
Please note that per the DOB, “the filing fees are payable by each property owner the report is submitted for, meaning a wall with multiple owners may have one report submitted for all of the owners but the filing fees must be paid by each individual owner.”
What If Unsafe Conditions Are Found?
If the QRWI notes an unsafe condition during the assessment, they must:
- Call 311 to report the condition
- Complete the RWIP3 form and email it to LL37RetainingWalls@buildings.nyc.gov within 24 hours of discovering an unsafe condition (and before submitting the inspection report)
- Submit the inspection/assessment to the DOB based on the completed inspection
Owners must immediately repair the wall and/or take appropriate measures to secure public safety. Within two weeks of completing repairs, the QRWI must inspect the premises, obtain permit sign-offs, and submit an amended report.
All repairs to correct an unsafe condition must be completed within 365 days of filing a report of an unsafe condition with the Department.
There are also specific steps that must be taken if the report is filed with a Safe with Repairs or Engineering Monitoring rating. You can learn more about those here, on the DOB’s site.
What Are Fines For Failing To Comply?
Fines for failing to submit reports on time are as follows:
- Late filing: $250.00 per month
- According to the Service Notice, this is in addition to the below annual penalty
- Failure to file: $1,000 per year
- Ending on the filing date of an acceptable report
- Failure to correct an unsafe condition: $1,000 per month (prorated daily)
You can learn more about penalty payment and waiver requests in the notice.
How Can I Track Retaining Wall Inspections?
Teams using Compliance Manager in their SiteCompli or InCheck accounts can easily log retaining wall inspections for each of their required properties, and keep track of related documentation and statuses in one place. We’ll even show you your progress for the year – whether or not you’ve completed the requirement portfolio-wide.
If you have any questions about how to do this, reach out to your Customer Success Manager or support@sitecompli.com. We’re always happy to help!
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