G-02 Guide

Work without a permit violation in NYC: what to do.

Updated 3 min readBy ASH Group NYC

A work without a permit (WWP) violation usually means two separate things to deal with: an OATH summons and an additional DOB civil penalty. And it isn’t closed until the work is legalized or removed and DOB accepts a Certificate of Correction.

The basics

What a WWP violation is.

When a DOB inspector finds work that required a permit and didn’t have one, DOB issues an OATH summons. Depending on the circumstances it can be Class 1, 2 or 3. Class 1 is the most serious and can’t be cured early.

Inspectors may also issue a stop work order. If they do, work can’t resume until a permit is issued and the order is lifted.

Penalties

Two penalties, not one.

Penalties as published by DOB (subject to change)
PenaltyWho sets itAmount
OATH summonsDOB penalty schedule (1 RCNY §102-01)Depends on class. For Class 1 the standard penalty is $2,500, rising sharply on default
DOB civil penalty, 1–2 family homesAdmin Code §28-213.16× the permit fee: minimum $600, maximum $10,000
DOB civil penalty, other buildingsAdmin Code §28-213.121× the permit fee: minimum $6,000, maximum $15,000

The DOB civil penalty can be reduced in proportion when only part of the work was done without a permit, and DOB has a waiver/reduction process for specific situations, such as work that has been removed or bona fide emergency work.

Not sure which penalties apply to your summons? Call and we’ll read it with you.

Call (929) 367-0962

How to resolve it

From summons to closed.

  1. Deal with the hearing date

    Cure, stipulation, pay or contest. Don’t miss the OATH hearing; a default is far more expensive. See our OATH hearings page.

  2. Legalize or remove the work

    Either file for and obtain the permits the work needed, with plans where required, or remove the work.

  3. Pay or waive the DOB civil penalty

    DOB won’t approve the Certificate of Correction until this penalty is paid or waived.

  4. Lift any stop work order

    If one was issued, it has to be formally rescinded before work resumes.

  5. File the Certificate of Correction

    Submitted to DOB’s Administrative Enforcement Unit through DOB NOW: Safety. Paying the OATH penalty alone doesn’t close the violation.

Questions

Frequently asked.

If I pay the fine, is the violation gone?

No. Paying the OATH penalty doesn’t close it. The work has to be legalized or removed, the DOB civil penalty paid or waived, and a Certificate of Correction approved.

Can the work be legalized after the fact?

Often, yes, by filing for the permits it should have had, with plans where required. Whether it can be approved as built depends on the work and the code.

Is there relief for homeowners?

DOB announced a Homeowner Relief Program in 2021 for qualifying one- and two-family owners. Ask us whether it applies to your situation.

Sources

Official sources.

General information about New York City procedures, last reviewed November 2026. Amounts and rules change and every property is different, so this isn’t legal advice. Call us about your specific situation.

Rather have us handle it?

Call, or send the address and a few details. We’ll review it and follow up.