If your property has a retaining wall that's 10 feet or taller and faces a public right-of-way, the New York City Department of Buildings requires that it be inspected by a qualified engineer. According to Rule 103-09, which went into effect January 1, 2014, the filing deadline for the inspection report is every five years and is based on borough:
- 2014: Bronx
- 2015: Manhattan
- 2016: Staten Island
- 2017: Queens
- 2018: Brooklyn
Similar to the Facade Inspection Safety Program (formerly Local Law 11/98), retaining wall inspection reports, mandated by Local Law 37 of 2008, 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.
Please note that the DOB provides civil penalties of $1,000 per year for failure to file, plus $250 per month penalty until the property owner is in compliance. Failure to repair an unsafe condition carries a $1,000 per month fine until corrected.
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@nullrandpc.com.
For more information on the repair and maintenance of retaining walls, please see our Ask the Engineer on the topic.
Ana Sandoval, PE is a Senior Structural Engineer and RAND's Structural Team leader.