Tentatively effective January 1, 2026, New York State Senate Bill S3799B marks a transformative shift in the legal landscape governing access to neighboring properties for construction, repairs, and inspections. All that remains is for it to be signed into law by Governor Kathy Hochel. While born out of long-standing frustrations in New York City, the new law applies statewide—and its impacts will reverberate far beyond the five boroughs.
At its core, S3799B streamlines how property owners can obtain temporary access to adjacent buildings when necessary to perform legal construction activities. Prior to this legislation, access was governed by Real Property Actions and Proceedings Law §881—a provision criticized for being outdated, vague, and heavily reliant on expensive and time-consuming court applications. Anytime you have to file documents with the New York Supreme Court, it’s time-consuming and resource-draining.
Key reforms under S3799B include:
- Standardization of Notice and Response Timelines: Owners seeking access must provide written notice at least 60 days in advance, and adjacent owners must respond within 30 days.
- Codification of Court Factors: If access is contested, courts must now consider specific factors such as project scope, duration, hardship, and insurance.
- Reasonable License Fees and Protections: License fees must be “reasonable,” and the statute protects both sides by codifying rights to indemnification, insurance, and repair of incidental damage.
These procedural clarifications provide consistency and leverage—for building owners performing necessary exterior work.
For anyone involved in façade restoration or roof replacement projects, particularly those under mandates like NYC’s Facade Inspection & Safety Program (FISP), the new law could be a game-changer. The new law would have the following impacts:
Accelerated Scheduling and Fewer Legal Delays
Time-sensitive projects, including those driven by DOB violations or FISP deadlines, have historically been delayed by reluctant neighbors or prolonged court battles. S3799B introduces structure and predictability, reducing time lost to legal limbo.
Impact Beyond NYC
While the folks in NYC may not like to admit it, there are about 11 million people that live “upstate” (it’s a relative term for sure). Though much of the advocacy was NYC-focused, the bill applies across all New York State municipalities, meaning it will impact construction from Montauk to Buffalo. That means commercial, institutional, and multi-family residential properties throughout the state must now comply with the same procedural access framework, which may be more complicated than it had been in the past, particularly if you had “nice” neighbors.
Improved Negotiating Power for Building Owners
Access agreements are no longer governed solely by precedent and judicial discretion. With license fees and terms now subject to clearer guidelines, owners and their consultants can negotiate with greater confidence—knowing the law supports reasonable access for essential repairs.
Impacts on Insurance and Risk Allocation
The statute requires that access seekers carry insurance and indemnify the adjacent property owner. That elevates the importance of reviewing contractor COIs, third-party risk policies, and ensuring your professional services agreements align with the new statutory framework.
Increased Volume of Access Agreements
Expect an uptick in adjacent property access filings since the process is now more accessible (pun intended). This will especially impact projects that involve landing suspended scaffolds on neighboring rooftops, or needing access through/around another building to get to a rear yard.
As building professionals, the next logical question is, what can we do to ready ourselves? While the bill has not been signed into law…yet, it might be time to:
- Update Template Access Agreements: Legal counsel should revise existing license agreement templates to align with the new statute’s notice, insurance, and indemnification requirements.
- Advise Clients Early: Building owners and property managers should be advised to begin access negotiations earlier—at least 60 days prior to intended start dates. It is likely also going to include some owners pushing the pause button on these agreements until the new legislation is officially passed, and in effect, so those projects that are delayed now, may be delayed until next year, or there could be a rush of good neighbor agreements pushed through quickly before the deadline, it’s always hard to predict how people will react to new legislation.
- Build Into Project Timelines: Include statutory notice periods and possible negotiation windows in Gantt charts and bid packages.
- Coordinate with Legal Teams: Ensure your construction administration scope includes coordination with counsel on compliance and documentation.
S3799B is not just about convenience. It reflects the legislature’s recognition that inaccessible façades pose long-term safety risks. In New York City alone, sidewalk sheds and FISP inspections have become a fixture of the urban landscape, and the Department of Buildings/Mayors office. By removing procedural hurdles, this law supports faster resolution of unsafe conditions and better compliance with local façade ordinances.
Principal
Duffy Engineering
