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DOB Partial demolition versus new build

Started by the_nerve
over 7 years ago
Posts: 102
Member since: Oct 2008
Discussion about
I've been curious about a few recent house demolitions in my area where it appears on the DOB as a partial demolition, when in fact it seems to be a total demolition and replacement with a new house. (I overlook the area from a high vantage point) Does someone know if there is an advantage to treating it as a partial demolition versus a total demolition/new build? Easier to get DOB approval? Avoids real estate tax changes?
Response by ximon
over 7 years ago
Posts: 1196
Member since: Aug 2012

Easier to get DOB permits if its considered an alteration vs. new construction. Rule I remember from years ago was that if you kept two exterior walls, anything you built would be considered an alteration. At least one benefit of calling it an alteration is that your building may be grandfathered from existing zoning e.g. you can keep the original size even if current zoning would otherwise require a smaller building. Not sure of current rules.

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Response by 30yrs_RE_20_in_REO
over 7 years ago
Posts: 9876
Member since: Mar 2009

I remember when there was a huge fire on Broadway and they developed 77 Bleecker Street as a "renovation" even though pretty much the only thing that remained was the cast iron facade facing Broadway. I am pretty sure this was done so that they could get a j-51 tax abatement, as opposed to 421a, because the benefits of j-51 far exceeded those of 421a.

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Response by 30yrs_RE_20_in_REO
over 7 years ago
Posts: 9876
Member since: Mar 2009

In some areas it is because of things like lot coverage and setbacks, where in a renovation those items tend to be grandfathered in, but it new construction you have to abide by the current zoning.

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Response by ximon
over 7 years ago
Posts: 1196
Member since: Aug 2012

Yes, 30. It's often more about maintaining the existing non-conforming footprint and occasionally about keeping a non-conforming use.

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Response by the_nerve
over 7 years ago
Posts: 102
Member since: Oct 2008

Interesting. Thanks ximon and 30yrs!

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Response by sourdoughbaker
about 2 years ago
Posts: 0
Member since: Nov 2023

If a property is doing a partial demolition for a re-build (files Alt type 1 / Alt-CO), is the property considered a new construction or still considered an existing property (since remains of the original property still exists)? Wonder if there's tax incentive that one might qualify for if the property is an existing home (e.g. Energy Efficient Home Improvement Credit)

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