In NYC, a parapet is the portion of a wall that extends entirely above the roofline. They are a critical safety feature designed to prevent falls and slow the spread of fire, and their maintenance is strictly regulated under Local Law 126, which mandates annual observations (inspections).
- Applicability: This rule applies to all buildings with parapets that front a public right-of-way (street, sidewalk, etc.), regardless of building height.
- Exemptions: Detached one- or two-family homes are exempt, as are buildings with a fence or barrier that prevents access to the exterior wall.
- Purpose: The observation is intended to identify deterioration and ensure the stability of the parapet and any attached appurtenances (e.g., railings, signs, fire escape attachments) to prevent public hazards from falling debris.
- Hire a qualified person to perform the annual observation. This report must be kept on file by December 31 each year.
- Maintain these records for at least six years; they are not submitted to the DOB unless an unsafe condition is found.
- If an unsafe condition is identified, immediately notify the DOB, install public protection, and correct the condition within 90 days.
If you’re on a New York City co-op or condo board, or the owner of a rental building or townhouse, it’s time to have your parapet inspected.
Almost all NYC properties need to have their parapets checked for unsafe conditions under Local Law 126, the same law that mandates parking garage inspections.
Parapet failures haven’t garnered the same headlines as the tragic collapse of a parking garage in 2023. But the Department of Buildings is still mandating the inspection of city parapets—a part of a roof that extends beyond a building’s roof line—to prevent serious accidents.
Does my building need to comply?
Every building with parapets that front a public right-of-way—such as a street, avenue, or sidewalk—is required to have its parapets inspected. The only properties exempt from the requirement are detached one- or two-family houses or buildings with a barrier that prevents access to the exterior wall.
For some smaller condo and co-op buildings, a parapet inspection may be the first time a professional has looked at the building’s facade in decades, Varone said. Buildings over six stories tall need to undergo a facade inspection every five years, but those six stories or under don’t have to meet this requirement.
“For some of the oldest housing stock in the city—like five-story walk ups in the Lower East Side—I can count on two hands how many times we’ve been asked to go and inspect one of those buildings,” Varone said. “I think the majority of the buildings under six stories are never inspected by a professional.”
What does my building need to do?
Your building needs to have a “competent” person observe the property’s parapets annually, starting in 2024. (If you missed last year’s inspection, Varone recommends doing two for the 2025 year.)
Even though the observer can be anyone capable of doing the job, such as a super, handyman, or a licensed architect or engineer, you may want a licensed professional to do the job (more on this below).
Whoever does the observation needs to prepare a report that owners must keep for at least six years in case the DOB wants to view them, but your building does not have to file the report to the DOB, as with a facade inspection. If the DOB requests to see your reports and your building doesn’t have them, the property could face fines and penalties, according to a DOB spokesperson.
Because buildings don’t have to file these reports, it’s difficult to say how many properties across the city have complied with the law so far. Varone suspects that smaller, self-managed buildings may be less likely to comply.
If you discover unsafe conditions, the person doing the observation must notify the DOB immediately by both calling 311 and emailing the DOB. Your building is also responsible for installing a sidewalk shed, fence, or safety netting to keep the public safe while your building fixes the issue within 90 days of notifying the DOB.
What types of conditions are potentially dangerous?
The person doing the observation should make sure the parapet stands up straight and is intact—meaning it’s not crumbling into pieces.
The most common issue in parapets tends to be cracks that allow water to get into the parapet, but observers should also be on the lookout for poor past repair jobs, Varone said.
“Sometimes if the wall is deteriorating, instead of repairing it they just cover it with tar,” Varone said. “The worst we ever saw was when we peeled the tar off a building and it was literally like a bag of sand. The wall had just deteriorated.”
Who should inspect the parapet?
It’s best to hire a registered engineer or architect to make sure the parapet is properly inspected, said Michael Wolfe, chair of the Real Estate Board of New York’s residential management council and a board member of the Council of New York Cooperatives & Condominiums.
If your property’s super were to do the observation and miss something—say a crumbling outer wall—the super could face legal liability, as well as the building, Wolfe said. In other words, they’re sticking their head above the metaphorical parapet.
“The vast majority of industry experts and organizations recommend that you engage a licensed engineer or registered architect to perform the annual inspection,” Wolfe said. “They have the required expertise and it also reduces and/or eliminates liability for the building. Moreover, it enhances safety.”
Varone said his own firm received hundreds of requests to handle parapet inspections last year for that reason.
“The typical owner is going to have to bring in a professional,” Varone said. “It does make sense to bring in someone who, one, is trained to analyze and look for structural failure and who, two, has the liability insurance to cover any errors.”