Retaining Wall Inspections (Local Law 37 of 2008)
Local Law 37/08 has received relatively little attention since it went into effect in 2014 and has gone under the radar of many property owners and boards; however, the New York City Department of Buildings (DOB) has been stepping up enforcement, issuing violations to properties for failure to file. Here’s an overview of the law:
What is Local Law 37 of 2008?
Under Local Law 37 of 2008 and Rule 103-09, which went into effect January 1, 2014, properties with retaining walls that are 10 feet or taller and face a public right-of-way, must be inspected by an engineer who is a Qualified Retaining Wall Inspector (QRWI).
Similar to the Facade Inspection Safety Program (FISP), retaining wall inspection reports must certify if the condition of the wall is either Safe, Safe with minor repair and maintenance, Safe with repairs and/or engineer monitoring, or Unsafe. Any deficiencies must be identified, and a plan for repairs is required if the wall is filed as Safe with repairs and/or engineering monitoring, or Unsafe.
When is the deadline to file?
The filing deadline for the inspection report is every five years and is based on borough. Filing windows for the second cycle, which began in 2024, are as follows:
| Borough | 3rd Cycle Filing Window |
| The Bronx | January 1, 2024 – December 31, 2024 |
| Manhattan | January 1, 2025 – December 31, 2025 |
| Staten Island | January 1, 2026 – December 31, 2026 |
| Queens | January 1, 2027 – December 31, 2027 |
| Brooklyn | January 1, 2028 – December 31, 2028 |
How to establish if you are the owner of a retaining wall?
Ownership of retaining walls is often a question. In such cases, owners should engage a NYS Licensed Surveyor for a property line survey to definitively establish the ownership of the wall. No matter if your property is located on the high or low side of the retaining wall, if the wall is located on the neighboring property, then maintenance of the wall is the neighbor’s responsibility. If the wall is located such that part of the wall is on each property, maintenance and any associated costs are shared. The QRWI is not able to determine ownership during the inspection; only a Surveyor can perform this task.
What are the penalties for non-compliance?
- Failure to File: $5,000 per year
- Late Filing: $1,000 per month (in addition to above)
- Failure to Correct SREM: $2,000 one-time penalty
- Unsafe Conditions: $1,000 per month until repaired
Note: The $5,000 Failure to File penalty starts January 1 after the filing deadline. The $1,000/month Late Filing penalty starts February 1 and accrues until a report is submitted.
Withdrawing a Wall
If you believe you have received a Notice of Violation in error, the DOB has a process for withdrawing a wall from the Local Law 37/08 inspection program. Valid reasons to have a wall withdrawn include:
- Less than 10 feet tall
- Owned by the adjacent property owner
- Does not front a public right-of-way
A signed and sealed Survey showing all relevant elevations/heights, property lines, and site features must be included in your request to the DOB.
How to challenge a penalty if you believe you received one in error?
Submit one of the following to LL37RetainingWalls@buildings.nyc.gov:
- Proof of compliance, such as a copy of an acceptable report
- Evidence of removal of the retaining wall
- Accepted RWIP-11 submittal indicating the retaining wall is not subject to inspection
Contact RAND
If a retaining wall on your property requires inspection, or to determine if a retaining wall is subject to the DOB’s inspection rule, please contact RAND for a consultation at 212-675-8844 or info@randpc.com.