In 1979, a Barnard College student was tragically killed when falling masonry from a property on West 115th Street struck her. In 1980, then New York City Mayor Ed Koch signed Local Law 10, requiring buildings more than six stories tall to have their street-facing façades inspected every five years. Unfortunately, debris from buildings continued to fall in New York, giving rise to Local Law 11 in 1998. Local Law 11 requires buildings more than six stories tall to undergo close-up, hands-on inspections of all four façades every five years, accompanied by an evaluation from a Qualified Exterior Wall Inspector.
While everyone understands the importance of compliance with Local Law 11, doing so can be challenging because scaffolding and sidewalk sheds must be erected and buildings nearly abut one another. A Local Law 11 Agreement, more commonly known as an Access Agreement, is a legal contract that permits a building owner to enter an adjoining property to perform the mandatory façade inspections, erect sidewalk sheds or complete structural repairs.
Here are three things to know about these agreements:
Key Elements of the Agreement
Negotiating a license agreement usually revolves around three core components:
- Scope: The agreement must clearly define the work to be performed, the duration, and the equipment to be used.
- Indemnification and Insurance: The building owner seeking access must agree to hold the adjoining owner harmless and name the adjoining owner as an additional insured so that any damage or accidents are covered.
- Protection: The building owner seeking access must protect the adjoining property and agree to restore any damage that might occur.
Dispute Resolution (RPAPL §881)
Local Law 11 does not require an adjoining property to grant access voluntarily. While the majority of property owners are able to reach an agreement amicably, New York law recognizes that negotiations may fail. If that happens, the building owner seeking access can ask a court to order the neighboring property to grant access under court-mandated terms and conditions. This is codified in New York State Real Property Actions and Proceedings Law (RPAPL) Section 881. Courts typically grant the petitioning owner (the owner seeking access) a license upon the neighboring property, but the petitioning owner must show that the work is necessary and submit detailed documentation to the court. The court will often order the petitioning owner to pay for the neighbor’s legal and architectural fees, as well as a license fee (compensation for the inconvenience or loss of use of the property).
Changing Legal Landscape Produces New Hurdles
Local Law 11 has been effective in preventing injuries from falling debris. The adverse side effect is that the City is plagued by unsightly scaffolding and sidewalk sheds, which hinder pedestrians and obscure views of the buildings’ façades. In April 2025, an initiative known as the “Get Sheds Down” plan took effect, which, among other actions, shortened the permit duration for sidewalk sheds and increased the fines and penalties for dragging out construction. As a result, building owners are now encouraged to finalize their façade inspections and correction plans before finalizing an access agreement and “starting the clock.”
If you need assistance with an access agreement or RPAPL Section 881 action, the attorneys at Horn Williamson & Collins can assist you. Counsel familiar with Local Law 11 can be reached at 212.763.3793 or at https://hornwilliamson.com/contact/.