PARKING STRUCTURES
WHAT PROPERTY OWNERS NEED TO KNOW
New York City, known for the dense infrastructure and vertical urban design, and the needs for parking spaces, make parking structures a critical part of its built environmental. But with the passage of Local Law 126 of 2021, the New York Department of Buildings (DOB) introduced sweeping new requirements to ensure that these structures are maintained in a safe, and structurally sound condition.
If you own or manage a parking garage, whether it is a multi-level concrete building or a basement-level garage below a residential or commercial building, your structure may be subject to mandatory inspections and ongoing compliance requirements.
PARKING STRUCTURES: FAILURE TO COMPLY CAN RESULT IN STEEP FINES, SAFETY VIOLATIONS AND EVEN VACATE ORDERS.
At SLK Buildings, we help you navigate every step of this process, from determining whether your garage is subject to Local Law 126 of 2021, to work with our partners who are Qualified Parking Structure Inspector (QPSI), coordinating inspections, making sure the reports are filed on time by the QPSI and resolving violations efficiently.
Why Choose SLK Buildings?
- Proven Track Record
- Diverse Clientele
- Integrated Services
- Client-Centric Approach
- Registered Representative
Call Us 212.888.3888
Proven Track Record: Over two decades of successful dealing with NYC Department of Buildings Rules and Regulations.
Diverse Clientele: Trusted by a broad spectrum of clients, from individual property owners, architects, engineers, attorneys, hospitality business owners, project management firms to large scale developers.
Integrated Services: A one-stop solution encompassing consultation, representation, documentation and compliance support. We manages the entire process, from determining applicability to filing your report, coordinating and scheduling QPSI inspection with our registered QPSI partners, and resolving any flagged conditions fast.
Client-Centric Approach: Tailored strategies that prioritized our clients’ unique needs and objectives. Repair coordination if violations are found.
Registered Representative: We are registered Filing Representative with Department of Buildings and Registered Representative with OATH (Office of Administrative Trials and Hearings) and familiar with the Rules of Practice for the OATH Hearings Divisions.
INITIAL OBSERVATIONS DOB RULE 1 RCNY §103-16
In addition to recurring six-year inspection cycle, DOB now requires a one-time “Initial Observation” for certain properties. This requirement was enacted to create a compliance baseline for buildings that previously were not subject to these inspections.
WHO MUST FILE AN INITIAL OBSERVATION?
According to DOB Rule 1 RCNY §103-16, the following structures must undergo an initial observation by a Qualified Parking Structure Inspector (QPSI)
RECURRING INSPECTIONS: DOB parking Structure Compliance Cycle
Local Law 126 mandates a recurring inspections every six years, filed with DOB NOW: Safety Portal.
NYC is divided into three geographic sub-cycles:
Sub-Cycle A January 1, 2022 – December 31, 2023 for Manhattan Community Districts 1, 2, 3, 4, 5, 6, 7.
Sub-Cycle B January 1, 2024 – December 31, 2025 for Manhattan Community Districts 8, 9, 10, 11, 12 and All Brooklyn Community Districts.
Sub-Cycle C January 1, 2026 – December 31, 2027 for All Queens, Bronx and Staten Island.
The observation must be performed by a QPSI and documented in accordance with DOB Rules.
For property owners who filed a full compliance report before August 1, 2024 deadline, they may be exempt from the initial observation requirement.
If property owners did not submit a report by the deadlines, it became non-compliant and subject to penalties.
WHAT COUNT AS A "PARKING STRUCTURE"?
Local Law 126 applies to:
- Multi-level parking garages
- Basement or Cellar level parking structure underground
- Parking areas with concrete slab floors supported by columns, beams, or load bearing walls
- parking structure that accommodate three or more vehicle
Private driveways or garages serving one and two-family homes is not a “Parking Structure”
If your building contains a multi-level garage, or underground parking, it almost certainly qualifies as a parking structure subject to DOB regulations.
PARKING STRUCTURES
HOW TO ACHIVE COMPLIANCE
STEP 1: Identify if the parking structure meets inspection requirements.
A parking structure meeting inspection requirements is:
- a building or a portion of a building used for parking or storing motor vehicles, including space inside or under a building
- open parking garages and enclosed parking garages as defined n the NYC Building Code Chapter 4 Special Detailed Requirements Based on Use and Occupancy Section BC 406 Motor Vehicle Related Occupancies
The submitted report must document the inspection results indicated above.
A parking structure does not include:
- an autobody/automotive repair shop, an automotive showroom, or and automotive service station
- a garage with occupancy of fewer than three cars
- unenclosed and unattached lots
- garages serving one and two-family homes
For subject buildings, an assessment report must be submitted by the Qualified Parking Structure Inspector (QPSI)
STEP 2: Hire a QPSI to conduct the inspection.
The owner must hire a QPSI to conduct the inspection and determine the rating of the parking structure.
The QPSI will assess visible structural elements including:
- Concrete Slabs and Beams
- Columns and load-bearing systems
- Expansion joints and waterproofing
- Signs of corrosion, spalling, or fatigue
A thorough inspection includes both visual and hands-on assessment
STEP 3: QPSI submits Condition Assessment Report and filing
The QPSI must submit a report to the Department that meets, at a minimum, the criteria listed in DOB Rule 1 RCNY §103-13 within 60 days after completing the assessment. Applicable fees must be paid at time of submission.
The report shall classify the condition as one of the following:
- Safe
- Safe with Repair and/or Engineering Monitoring (SREM)
- Unsafe
ADDRESS REPAIRS (if necessary)
If the structure is deemed Unsafe or SREM:
- All repair must be completed within 90 days
- An amended report must be submitted within two weeks of repairs
COMMON ISSUES THAT TRIGGER "UNSAFE" OR "SREM" CLASSIFICATIONS
UNSAFE: Problems/defects threaten public safety. With an Unsafe classification, the owner shall immediately secure public safety by removing the unsafe condition or safeguarding the area.
- Spalling concrete or exposed rebar
- Active water infiltration
- Rust-stained support beams
- improperly installed waterproofing membranes
- Structural fatigue in floor slabs
SREM: Safe with Repairs and/or Engineering Monitoring
PARKING STRUCTURES
WHY IT MATTERS: PENALTIES AND PUBLIC SAFETY
Failure to comply with Local Law 126 Parking Structures may result in:
- Civil Penalties starting at $1,000
- DOB violation on your property record
- Full or Partial Vacate Orders
- Risk to Public and tenant safety
- Legal action via the Office of Administrative Trials and Hearings (OATH)
Compliance is not optional and ignorance of the rules will not protect you from enforcement.
Call Us 212.888.3888
PARKING STRUCTURES
DON'T WAIT UNTIL DEADLINE
The earlier you start the process, the easier it is to avoid fins and construction delays.
Contact us today to determine if your parking structure is subject to Local Law 126 and let us assist you in complying with this Local Law