Planning excavation in New York City often means coordinating with adjoining property owners.
But there is an important detail that can easily create confusion:
Chapter 33 has more than one neighbor-notification requirement, and the 10-day notice and 60-day notice are not the same thing.
They come from different Building Code sections, are triggered by different conditions, and can sometimes both apply to the same project.
Here is the difference.
The 10-Day Notice: Certain Excavation Work
Under NYC Building Code §3304.3.2, written notice must be provided to the owners of adjoining property not less than 10 days before the scheduled start of excavation when either of the following applies:
-
The excavation will be 5 feet to 10 feet deep and is located within 10 feet of an adjacent footing or foundation; or
-
The excavation will be more than 10 feet deep anywhere on the site.
The notice must describe the work, the anticipated timeframe and schedule, and provide contact information for the person causing the excavation and the Department of Buildings.
There Is an Exception
The 10-day notice is not required where the excavation is sufficiently set back from the adjacent footing, foundation, or adjoining property using the code’s 2 horizontal to 1 vertical relationship, measured from the deepest point of excavation.
So simply saying, “We’re excavating more than 5 feet” is not enough to determine whether the notice applies.
Depth, proximity, and the actual excavation geometry all matter.
The 60-Day Notice: Access to Adjoining Property
The 60-day requirement is different.
Under BC §3309.1.1, when a construction or demolition project will require access to adjoining property in order to comply with Chapter 33, written notice must be provided to the adjoining property owner at least 60 calendar days before the work begins.
The notice must include information such as:
-
The nature of the proposed work
-
Estimated schedule and duration
-
Inspections or monitoring to be performed on the adjoining property
-
Protective measures to be installed on the adjoining property
-
Project contact information
If the adjoining owner does not respond, the code requires a second written notification no more than 45 days and no less than 30 days before commencement of the work.
This is the notice that becomes especially important when the project needs to physically enter or use the neighboring property.
Depending on the project, that could involve items such as adjoining roof protection, inspections, monitoring equipment, underpinning, or other protective measures that cannot be installed or performed entirely from the construction site.
So What Is the Difference?
The simplest way to remember it is:
10 DAYS = Certain excavation conditions
60 DAYS = Access to adjoining property
One is triggered by the excavation itself.
The other is triggered by the need to access the neighbor’s property to perform work or provide required protection.
They are separate obligations.
Can Both Apply?
Yes.
Consider a project planning an excavation more than 10 feet deep along a property line.
That excavation may trigger the 10-day notice under BC §3304.3.2.
Now assume the project also needs access to the neighboring property to install required roof protection or monitoring equipment.
That condition can separately trigger the 60-day notification requirement under BC §3309.1.1.
So sending one notice does not automatically mean the other requirement has been satisfied.
Why This Becomes a Scheduling Problem
The 10-day notice is relatively close to the planned start of excavation.
The 60-day notice is not.
Sixty days can become a major preconstruction milestone — especially if the adjoining owner has attorneys, engineers, or insurance representatives reviewing the proposed access.
And the notice itself does not automatically grant access.
BC §3309.2 separately addresses the license to enter adjoining property.
If access is required, the project team should therefore identify that condition early enough to allow time for notification, coordination, and any required access agreement or legal process.
Waiting until excavation is ready to start can put the project schedule in a difficult position.
What Should the Team Check Early?
Before excavation mobilization, the project team should understand:
-
Maximum excavation depth
-
Distance from excavation to adjoining footings and foundations
-
Whether the BC §3304.3.2 10-day notice is triggered
-
Whether the 2H:1V exception applies
-
What adjoining-property protections are required
-
Whether any of those protections require access to neighboring property
-
Whether the BC §3309.1.1 60-day notice is therefore required
-
Whether an access agreement or other authorization will be needed
These questions should be addressed during preconstruction planning, not a few days before excavation.
The Takeaway
When someone says, “Did we notify the neighbor?”, there may be more than one code requirement behind that question.
Under NYC Chapter 33:
BC §3304.3.2 may require at least 10 days’ notice for certain excavation conditions.
BC §3309.1.1 requires at least 60 days’ notice when the project will require access to adjoining property.
Different triggers.
Different timelines.
And on some NYC projects, both may apply.
Knowing the difference early can help avoid delays when excavation is ready to begin.
Code References
NYC Building Code §3304.3.2
Notification of Adjoining Property Owners
NYC Building Code §3309.1.1
Notification Where Access to Adjoining Property Is Required
NYC Building Code §3309.2
License to Enter Adjoining Property
0 comments