ALTERATIONS THAT
CHANGES USE OR OCCUPANCY
CHANGE OF USE OR OCCUPANCY – ALT-CO (Previously "Alteration Type -1")
After gathering all necessary Property Records including the latest Certificate of Occupancy on record for the building, the Architect can determine whether a proposed development or alteration project requires an application to amend the buildings Certificate of Occupancy.
EXAMPLES OF ALTERATION PROJECTS REQUIRING AN ALT-CO APPLICATION
The Department of Buildings (DOB) has specific requirements for each Change of use/occupancy application based on the individual characteristics of the building. When consulting on a project that involves a potential change in use/occupancy, I use the following guidelines to determine applicability.
The below are examples of Project Scopes that require an Alteration-CO – Change of Use/Occupancy application (Also referred to “ALT-CO per DOBNow”).
1. Buildings undergoing an alteration which Establishes a New Place of Assembly.​
2. Alterations to existing buildings that affect/change the Certificate of Occupancy including but not limited to: (see Sample Certificate of Occupancy for reference)
- Building Code occupancy classification.
- Increase structural live load
- Increase max. occupant load (Number of persons permitted)
- Change Zoning Use Group
- Change description of use
- Increase number of dwelling units
- Change Construction Classification
- Major Change in Means of Egress/Exits
3. Subdivisions, mergers, apportionments, combining buildings, and/or changes to existing zoning lot description (meets & bounds) including any associated declarations or easements recorded with DOF-ACRIS
4. Buildings WITHOUT a CofO wherein an LNO/LOV – Letter of No Objection/Letter of Verification is NOT applicable.
Examples of select alterations that would NOT require an Alteration type 1-Change of Use/Occupancy application:
1. Alterations involving a change in egress filed as a Directive 2 where there is NO change to the CofO.
2. Alterations which converts ground floor retail/mercantile occupancy (M) to Business/service (B) wherein the Certificate of Occupancy references Zoning UG 6 in accordance with BULLETIN – 2009-025.
3. Alterations to Buildings WITHOUT a CofO wherein existing legal use/occupancy is verified. An LNO (Letter of No Objection) shall be requested prior to construction.
FILING STRATEGY ALTERATION TYPE 1 – CHANGE OF USE OF OCCUPANCY.
Based upon expected completion date of Construction/Filing Documents, the filing procedure and strategy can be filed in either of the following ways:
1. File a Standard Review Application with the Department of Buildings. This process may take 2-4 weeks for review by DOB Technical staff and may take an additional 2-4 weeks to obtain approval. The process varies based on the extent of the Project Scope, complexity of DOB objections, and availability of the DOB examiner. Unless requested, I typically do not recommend professionally certifying an Alteration-CO filing because the application is still reviewed by DOB for zoning and life safety compliance which could result in the same review time as a standard review.
2. (For Waterfront Properties) Ownership can request that the proposed work be at the jurisdiction of SBS - Small Business Services (aka. New Business Acceleration Team) wherein the application process may allow a shorter review timeframe. Although minimal, my experience with SBS from a filing/approval standpoint has not been easier compared to others. However, I believe the sign-off, inspections, and issuance of an initial CofO for an Alt1 application is known to be an expeditious process.
3. (Recommended) File application with NYC Development HUB which is a full electronic filing system and may take 4-6 weeks for review and approval. This option is preferred as it saves time and resources because all filing documents and drawings are uploaded electronically. It has also been my experience that the technical staff, due to HUB’s virtual capabilities, have a quicker and more direct review process than the Borough office.
4. Upon selecting the appropriate Agency Having Jurisdiction referenced in items 1-3 above, the applicant/owner may refer to Alteration to Existing Buildings to begin preparing a filing strategy for the Alt-1 application EXCEPT that the application cannot be filed as either a Directive 14 or Directive 2 and procuring a Temporary Certificate of Occupancy upon completion will be required.