What does it take to get a project through New York City's approval process?

ULURP — the Uniform Land Use Review Procedure — is New York City's process for discretionary land use actions like rezonings, special permits, and city map changes. If your project complies with the existing zoning, you don't need ULURP. If you need a zoning change, a special permit, or a large-scale modification, you do. ULURP involves the Department of City Planning, the Community Board, the Borough President, the City Planning Commission, and sometimes the City Council. It typically takes six to nine months.

The NYC Department of Buildings (DOB) reviews construction documents for compliance with the NYC Building Code. An architect or engineer — a Registered Filing Representative — submits the drawings through the DOB's eFiling system. DOB assigns a plan examiner who reviews the documents and issues objections. The filing representative resolves the objections and resubmits. Alternatively, a Registered Filing Representative can self-certify compliance, which bypasses full plan examination but carries liability.

The NYC Zoning Resolution is the city's zoning code. It divides the city into residential, commercial, and manufacturing districts and regulates what can be built in each. It controls use (what activities are allowed), bulk (how big and how tall), and parking. It also includes special districts with customized rules, like the Special Hudson Yards District. Understanding which rules apply to your site is the first step in any NYC project.

Mandatory Inclusionary Housing (MIH) is a NYC program that requires affordable housing to be included in developments built under certain rezonings. When an area is rezoned to allow more density, developers must set aside a percentage of units as affordable — typically 20 to 30 percent — in exchange for the increased density. MIH applies in areas that have been rezoned through the city's neighborhood planning studies. The affordability requirements are permanent and enforced through a regulatory agreement with HPD.

The NYC Department of Housing Preservation and Development (HPD) offers financing programs for affordable housing, including the Extremely Low & Low-Income Affordability (ELLA) program and the Supportive Housing Loan Program. You submit an application during an open funding round, with a complete feasibility study, pro forma, and concept design. HPD evaluates projects based on affordability depth, financial feasibility, and team experience. nSCALE's Level 3 underwriting package is designed to meet HPD's submission requirements.

A special permit is a discretionary approval granted by the City Planning Commission or the Board of Standards and Appeals that allows a use or bulk modification not permitted as-of-right in the zoning district. Special permits are granted when the project meets specific findings in the Zoning Resolution — for example, that the use will not impair the neighborhood's character. Special permits go through ULURP and require a public hearing. They typically take six to twelve months.

For an as-of-right project — one that complies with existing zoning — the DOB plan review process takes two to four months. For a project requiring a special permit or rezoning, the ULURP process adds six to nine months. Landmarks Preservation Commission review adds two to four months. A complex project with multiple discretionary approvals can take a year or more before construction starts. nSCALE's founder spent seven years at Kohn Pedersen Fox managing exactly this kind of complex approval process.

Yes. nSCALE's New York license covers the entire state. While our primary New York experience is in Manhattan — where our founder worked at Kohn Pedersen Fox — we can work in any jurisdiction in New York State. Outside NYC, the New York State Building Code applies, administered by local building departments. The approval process is generally simpler than in the city, but local zoning still applies. We can help you understand the requirements in your specific jurisdiction.