In dense urban environments like New York City, where buildings stand side-by-side and share party walls, it’s not uncommon for a neighbor to request temporary access to your property to complete work on their building’s exterior. If you’ve recently received an Access Agreement request for façade repairs—especially those related to Local Law 11 (FISP, the Façade Inspection and Safety Program)—you may feel overwhelmed or unsure of how to respond. The good news? You have rights, and with the right knowledge and professional guidance, you can ensure your property is properly protected throughout the process.
What Is an Access Agreement?
An Access Agreement is a legal contract between property owners that grants permission for a neighbor (typically the building owner performing façade repairs) and their contractors to enter your property for a specific purpose and duration. This is often required when scaffolding, rigging, or protection needs to be installed over your roof or adjacent space to safely access their building’s façade.
While it’s the neighborly and civic-minded thing to allow critical safety work to proceed, especially when mandated by law, it’s equally important to ensure your property—and its tenants—are protected during construction.
Why You Should Take Access Agreements Seriously
Façade repairs, especially those required under FISP, can be extensive and disruptive. Work often involves demolition, repointing, power tools, and debris—all of which can affect your building’s roof, mechanical systems, skylights, windows, and tenant comfort.
That’s why before signing anything, you should carefully evaluate the proposed work and ensure you’re protected from both physical damage and logistical disruptions.
Reasonable Requests You Should Make
When reviewing an Access Agreement, your goal is to advocate for safe, respectful, and limited use of your property. Here are several key points you should discuss with your neighbor, their contractor, and your legal and architectural representatives:
1. Review the Site Safety Plan and Construction Drawings
Before granting access, ask for the contractor’s Site Safety Plan and construction drawings. These documents outline how scaffolding or other protection systems will be installed, how debris will be managed, and what safety measures are in place.
Key items to verify include:
- How roof protection will be installed and anchored
- What type of fall protection or barriers will be used
- Proposed staging areas and material storage
- Timelines for work over your property
2. Limit the Duration of Access
Request that work over your roof or property be prioritized so that your building is impacted for the shortest time possible. If this portion of the work cannot be completed early in the project, consider asking that the neighbor file a separate permit with the NYC Department of Buildings (DOB) for the work affecting your property. This ensures accountability and limits scope creep.
3. Document Existing Conditions
Before any work begins, conduct a thorough documentation of your property’s condition, especially the roof. Take clear, dated photographs and note any existing leaks or damage. This protects both parties and provides a reference point if issues arise.
4. Require Appropriate Roof Protection
It’s common practice to install temporary roof protection consisting of rigid insulation and wood planking. This prevents punctures, wear, and water intrusion from scaffolding or foot traffic.
You should confirm:
- Materials to be used
- How long protection will remain in place
- Removal and cleanup procedures
5. Avoid Access Through Your Building
Whenever possible, access to your roof should be via hoist or scaffold from the neighbor’s building, especially for low-rise structures. Allowing workers to pass through your building introduces liability, disrupts tenant operations, and complicates access control.
6. Protect Skylights and Roof Features
If your building has skylights or rooftop amenity areas, they should be carefully protected with pipe framing, wood planking, and side netting. This setup helps shield the glass from falling debris while allowing ambient light to pass through.
7. Address Mechanical and HVAC Impacts
Dust from demolition work—especially during brick repointing or grinding—can affect your mechanical equipment, including:
- Air intakes
- Cooling towers
- Rooftop HVAC units
These systems may require more frequent cleaning or specialized filters during the construction period. It’s not unreasonable to ask the neighboring contractor to cover the cost of extra maintenance and protection.
8. Mitigate Noise Disruption
While construction noise is hard to avoid, you can ask for advance notice of particularly disruptive work and request quiet periods during tenant meetings or other events. Eliminating unnecessary noise—like loud radios—shows courtesy and professionalism.
9. Plan for Final Cleanup
Upon completion of the work, it’s fair to request that the neighbor’s contractor perform a final cleaning, which may include:
- Pressure washing penthouse walls and windows
- Cleaning the roof surface
- Removing debris or staining from scaffold anchors
These small efforts can restore your building’s appearance and reduce long-term maintenance costs.
10. Use Payment as a Performance Motivator
While some owners may offer a fee for disturbance, compensation means little if the project drags on or leaves damage in its wake. Instead, negotiate a penalty clause for extended use or delays, and ensure your attorney’s fees for reviewing the agreement are reimbursed by the party requesting access.
Why Hire an Architect for Access Agreements?
Your attorney should absolutely review the legal terms of the Access Agreement—but don’t stop there. Hire an architect who specializes in FISP repairs (like Diaz Architect & Associates, PC) to:
- Review the construction drawings and methods
- Raise red flags about scope, protection, and timing
- Validate your requests with real-world construction insight
An experienced architect can advocate for your building’s integrity and provide technical expertise your attorney may not possess.
Final Thoughts
Granting access for FISP-related façade work is an important part of being a good neighbor, but it shouldn’t come at the expense of your property’s safety or tenant satisfaction. By understanding your rights, making thoughtful requests, and bringing the right professionals to the table, you can ensure your building is protected from beginning to end.
At Diaz Architect & Associates, PC, we have deep expertise in façade restorations, FISP filings, and architectural protections related to Access Agreements. We work directly with property owners and their legal counsel to safeguard their buildings and ensure construction activities proceed smoothly—with minimal disruption and maximum consideration.
Need help navigating an Access Agreement?
Contact us today to schedule a consultation. We’ll help you review your neighbor’s request, identify concerns, and negotiate the protections your property deserves.
