What Are the Legal Requirements to Make Changes to a Historic Property?
NYC property owners must get approval from the Landmarks Preservation Commission
By Andrew Brandt | Reviewed by Canaan Suitt, J.D. Featuring practical insights from contributing attorney Caroline G. HarrisUse these links to jump to different sections:
- Submitting a Certificate of Appropriateness Application for Property Changes
- Getting Legal Help with the Public Hearing
- Getting Approval for the Proposed Project
- Find Experienced Legal Help
If you happen to own a building that is individually designated as a landmark or is in one of New York City’s many historic preservation districts, and you’re looking to make changes to it, you’ll need to first check in with the Landmarks Preservation Commission (LPC). The commission, which preserves historic buildings and districts, requires that you fill out an application and submit materials for your proposed changes before you make them. Though LPC receives thousands of applications annually, most don’t require public hearings and are approved within a relatively short timeframe.
However, if you’re looking to make additions or exterior alterations to your building, you’ll need to obtain a document called a Certificate of Appropriateness (COA). Property owners often hire lawyers to help with the COA application form and review process, including presenting the plan to the historic preservation commission.
Submitting a Certificate of Appropriateness Application for Property Changes
To receive a Certificate of Appropriateness, you’ll first need to file an application and submit your site plans, including building materials, to the LPC, where they will be reviewed by a staff member. This portion of the process is consistent with applications for minor work.
“Once the application is filed, and it’s been reviewed by the staff, they set the item on the meeting schedule for the LPC,” says Caroline G Harris, a land use and zoning attorney at GoldmanHarris. “Between then and when the commission has its hearing, you’re supposed to go to your community board to present the application proposal.”
Getting Legal Help with the Public Hearing
Several weeks later, the LPC will hold a public hearing, wherein a staff member introduces the proposed project, the applicant presents the proposal, and the public has a chance to comment on the record. The community board’s recommendation is presented, too. The commission discusses the proposal and may, if no changes are suggested, vote at that hearing or a later meeting.
“Landowners will often get counsel involved to help guide them through the process and fashion their presentation,” says Harris. “I often work with an architect and the owner to present the project and its rationale. We have the architect make the major substantive presentation.”
Harris notes that public meetings at the commission take place almost every week, and the public really does participate. “Local elected officials may come and speak,” she says. “Nonprofits and community organizations that are focused on landmarks will regularly appear at hearings and express their views.
“It’s a very open process,” she continues. “The commission listens to the comments, and if they agree with the comments, they may ask the applicant to respond—orally, right there at the hearing. If they have questions or comments about the proposal, the commission will express those at the hearing. If everything is perfect, and they love it, they can close the hearing. If they want the applicant to make some additional changes, then they’ll ask the applicant to make them and come back to another meeting to show how they’ve progressed.”
Getting Approval for the Proposed Project
At the end of the initial hearing, if changes aren’t requested, the commission may vote whether to approve the project as presented. It may also lay over the item and vote on it at a later meeting. This is typically done when changes are requested and the applicant must modify its submission. After it votes, the LPC issues a status update letter. The actual Certificate of Appropriateness will not be issued until the applicant submits its DOB plans for review. If you have been approved, the LPC will then make sure your plans are consistent with the commission’s approval.
Then, when it’s approved, says Harris, “LPC staff will perforate the plans and issue the actual Certificate of Appropriateness for that project.”
Find Experienced Legal Help
If you’re looking to redevelop the exterior of your property or undertake new construction and you live in one of New York’s historic districts, reach out to an experienced real estate attorney in addition to the Landmarks Preservation Commission.
For more information on building permit applications and zoning ordinances, see our overview of land use and zoning laws. For more about real estate transactions generally, see our overview of commercial real estate.
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