Expired or missing construction permit

Practical questions to investigate when an NYC Department of Buildings notice describes expired or missing construction permit. See the actual summons for the controlling allegations.

Cited law label: 28-105.12 associated source record(s)

Scenario vs. completed case: This guide is derived from enforcement allegations in a DOB-ECB dataset; it does not claim a client outcome, dismissal, permit issuance or verified site history. Narrative fields in the export are truncated, so full summonses must be checked before drawing case-specific conclusions.

What this enforcement scenario describes

This scenario concerns expired or missing construction permit, associated in the source export with 28-105.1. The source data describe allegations—not independently verified findings or completed client projects.

How to evaluate this particular condition

Compare permit numbers and validity dates with work underway or protective installations on site.

Potential correction approach

Determine whether a renewal, new permit, restoration or removal is required for the specific work. The legally appropriate path may differ with permit history, physical site conditions, applicable code edition and the wording of the actual summons.

Evidence to start assembling

Permit records, approved plans and DOB correspondence. Keep originals, date photographs, and check that the supporting records address every listed condition.

Questions worth resolving before filing

Is the cited condition still present, or was it previously corrected?
Does the notice reference an earlier summons, order, permit or Certificate of Occupancy?
Which licensed professional or contractor must review this specific issue, if any?
Is the summons eligible for a cure or other OATH response option? Verify eligibility directly rather than assuming it.
Does the proposed correction require separate DOB permits, inspections, proof of penalties paid or owner attestations?

Specific clues in the enforcement descriptions

These are text indicators extracted from the source records for this precise law-and-scenario combination. They show what inspectors mentioned, not whether the allegation was proven or how a property was ultimately corrected.

Expired permits: referenced in 1 of 2 matching descriptions

Severity labels found in this subset: CLASS - 1 (1), CLASS - 3 (1). Severity depends on the actual summons; it cannot be determined from a topic title.

Permit-and-plan review for 28-105.1

Compare the specific work with DOB-approved filings. Determine whether permitted legalization, an amendment to approved plans, correction under a properly authorized scope, or removal and restoration is supportable. Work-without-permit situations can also involve separate DOB civil penalties; check the notice and DOB records.

General DOB/OATH resolution pathway

Identify the controlling documents. Locate the actual summons, inspector narrative, cited rule, OATH hearing date and any related DOB orders. The same code label can cover distinct situations.
Address immediate risks. If the condition poses a safety threat or is subject to a stop-work or vacate order, comply with applicable restrictions and obtain appropriate professional assistance promptly.
Select a supportable corrective approach. That may involve stopping a use, repairing or removing unauthorized work, obtaining permits, inspections or professional evaluation. Legalization is not assured.
Separate hearing response from DOB correction. Respond to OATH as required. A payment or hearing outcome does not automatically establish that all DOB correction requirements are satisfied.
Document and certify correction. Where required, submit the Certificate of Correction through DOB NOW: Safety → Violations & Notices of Deficiency, including the proper attestations and applicable evidence. Monitor DOB status after submission.

Related law and infraction-code references

28-105.1 legal-section guide

OATH infraction code 101 (1 matching records)
OATH infraction code 301 (1 matching records)

Official reference links

Need help with a specific NYC DOB violation?

Building Violation LLC can review the summons, relevant building records, corrective filing options and OATH hearing needs. The right approach depends on the original notice and site conditions.

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Legal applicability and fact-check workflow

Applicable code context: Work requiring a permit. AC 28-105.1 is the general permit requirement for regulated building work; it is not a blanket declaration that every minor repair requires a permit.

How to test the legal elements: Check the work actually performed, its timing, trade, approved plans, and permit history; compare against the permit exemptions in AC 28-105.4, related rules, and separately regulated trades.

Exceptions / limits: The ordinary-repair/minor-alteration and emergency-work exceptions are fact-specific. Even permit-exempt work must satisfy other applicable law and may require licensed work or other agency approvals. Do not infer applicability from an export shorthand label; read the applicable code edition and the entire summons.

Permit validity timeline: field and evidence review

Compare the alleged work time with actual issuance, expiry and renewal records; identify which specific activity occurred after expiration.

Evidence: Full permit history, renewal record, contractor daily logs, dated inspection photographs and closeout entries.

Common misreading: Distinguish work after expiry from the mere appearance of an expired document in a database.

Before a Certificate of Correction is prepared, collect the actual summons, dated proof addressing each charged condition, any required permits/inspection evidence, and required authorized statements. The alleged inspection history is not proven by an excerpt.

Authorities: DOB permit exemptions, owner alterations · OATH Summons Finder instructions (download actual summons) · Certificate of Correction instructions.