ACP-5 vs ACP-7: What NYC Contractors Need to Know Before Demo Starts

Most New York City demolition and alteration permits cannot move forward until the asbestos requirements have been addressed. Which filing the project needs depends on what a certified investigator finds and how much asbestos-containing material the work will disturb.

Three outcomes are possible, and knowing which one applies shapes the entire schedule. An ACP-5 means no full asbestos project is required before the related DOB work proceeds. An ACP-7 means a full asbestos project must be notified, completed, and closed out with DEP documentation before most related DOB work can proceed. A full building demolition requires an ACP-5 certifying the entire building is free of asbestos-containing material, unless a specific exception applies.

Filing the wrong form, or filing the correct form after the deadline, can delay the permit, prevent abatement from starting, or stop work already underway.

The Permit Process Starts with the Asbestos Survey

Asbestos appeared in floor tiles, pipe insulation, ceiling tiles, joint compound, roofing materials, caulking, and fireproofing spray throughout most of the twentieth century. Disturbing those materials during renovation or demolition releases fibers into the air.

Two agencies administer the rules: the NYC Department of Environmental Protection (DEP) and the NYC Department of Buildings (DOB). Under 15 RCNY § 1-23(a), the building owner must have an asbestos survey performed by a DEP-certified asbestos investigator (CAI) before any alteration, renovation, modification, demolition, or plumbing work that may disturb existing building materials. The investigator reviews construction drawings, identifies areas the work will disturb, inspects suspect materials, and collects samples for laboratory analysis.

Administrative Code § 28-106.1 sets the building-age trigger, and the wording is more specific than most people repeat it. The DOB will not issue a demolition or alteration permit for a building constructed pursuant to plans submitted for approval on or before April 1, 1987 without the required asbestos certification. That is a plan-submission date, not a completion date. A building finished in 1989 from plans filed in 1985 falls under the requirement.

Newer buildings are not free of obligation. DOB states that where any known asbestos-containing material exists and the proposed work will disturb it, that material must still be abated under DEP rules regardless of when the building went up.

When Work Is Exempt

An asbestos exemption can be claimed on the DOB permit application where the permit involves no physical work, such as a zoning lot subdivision or a change to the certificate of occupancy, or where no existing building materials will be disturbed. Alterations involving buildings constructed pursuant to plans submitted for approval after April 1, 1987 may also qualify. 15 RCNY § 1-23(b) lists specific exempt activities, including certain exterior trenching and drainage work, free-standing temporary structures, and rooftop air conditioning replacement that modifies no ductwork and disturbs no building materials.

Claiming an exemption for work that does not qualify creates a conflict between the permit filing and the work observed on site.

Ten Square Feet or 25 Linear Feet Changes the Filing

Under 15 RCNY § 1-02, a minor project disturbs 25 linear feet or less, or 10 square feet or less, of asbestos-containing material. An asbestos project disturbs more than 25 linear feet or more than 10 square feet. That threshold decides which form the project needs.

Section 1-21(a) prevents contractors and owners from dividing one project into smaller phases to avoid the filing threshold. The size and scope of the overall project controls, and the requirements cannot lawfully be avoided or lessened through incremental or piecemeal work. When linear and square foot calculations put a project into two different classifications, § 1-21(b) directs that the calculation with the higher absolute number controls.

When the Survey Leads to an ACP-5

The CAI completes, signs, and seals the Asbestos Assessment Report and submits it to the DEP under 15 RCNY § 1-22(b)(1). The form covers three findings:

• The affected area contains no asbestos-containing material.

• Asbestos-containing material is present but the work will not disturb it.

• The amount to be abated qualifies as a minor project.

The filing fee is $47.00. The ACP-5 tells DOB that the project does not require completion of a full asbestos project before the related permit can proceed.

When the Project Requires an ACP-7

Work exceeding the minor-project limits requires an Asbestos Project Notification, filed with DEP through the Asbestos Reporting and Tracking System (ARTS) at least one week before work starts. The form identifies the building, the scope of the abatement, the licensed abatement contractor, and the independent air monitoring firm. DEP also screens the filing to determine whether the scope triggers additional Asbestos Technical Review Unit requirements, which carry their own workplace safety plan and approval process.

Filing fees under 15 RCNY § 1-25(c) scale with the quantity of asbestos-containing material:

• More than 25 but less than 100 linear feet, or more than 10 but less than 50 square feet: $200

• At least 100 but less than 260 linear feet, or at least 50 but less than 160 square feet: $400

• At least 260 but less than 1,000 linear feet, or at least 160 but less than 1,000 square feet: $800

• 1,000 linear feet or more, or 1,000 square feet or more: $1,200

An ACP-7 stays valid for one year from the original filing date. After the abatement is completed and the required documentation submitted, DEP issues an Asbestos Project Completion Form (ACP-21) or, in certain circumstances, an Asbestos Project Conditional Completion Form (ACP-20). Under 15 RCNY § 1-22(b)(2) and (b)(3), that completion documentation goes to DOB before the related permit is issued.

Changes After Filing Have Their Own Deadlines

The owner or authorized agent reports changes to the abatement contractor, air monitoring firm, ACM quantity, project dates, or project location through ARTS using the ACP-8. DEP limits most notifications to two modifications, and the change must be received before the completion date already filed. A start date change must reach DEP by the original start date.

Adding ACM at a new floor location, or triggering a new A-TRU condition, falls outside the ACP-8 process. That situation requires a new ACP-7 and a new A-TRU application.

Full Demolition Requires a Clean-Building ACP-5

Full demolition follows a stricter rule than alteration work. DOB will only issue a full demolition permit based on an ACP-5 with box 8d checked, certifying that the entire building is free of asbestos-containing material.

The ACP-21 and ACP-20 completion forms will not be accepted as the basis for a full building demolition permit. This is where the rule diverges from alteration work, where an ACP-21 submitted to DOB is exactly what supports the permit after an asbestos project.

Three exceptions apply: a concurrent demolition and A-TRU permitted project, an immediate emergency demolition, and an emergency demolition. Simultaneous abatement and demolition requires an approved A-TRU permit and a § 1-22(b) variance before either begins.

Filing Errors Can Stop More Than the Abatement Work

Missing or inconsistent asbestos documentation can stop the permitted work and lead to enforcement by DOB or DEP. Depending on the scope of the order, the disruption extends beyond the abatement contractor and affects the broader job schedule.

DEP states that failing to perform the required asbestos survey before work begins, or failing to retain a licensed asbestos contractor to file the required project notification, may result in penalties ranging from $1,200 to $10,000 per infraction.

New York Labor Law § 909 uses different penalty structures depending on the violation. Licensing and certification violations under § 902 may result in penalties up to $2,500 for an initial violation and up to $4,000 for a second or subsequent violation. For other violations, after an investigation and a formal hearing, the commissioner may assess up to the greater of 25% of the contract value or $5,000 per violation. A contractor previously assessed under that section faces up to the greater of 50% of the contract value or $25,000 per violation. Each day a violation continues may count as a separate violation.

One of the most disruptive mistakes is beginning alteration work before the survey is complete and discovering asbestos after demolition has started. The owner and contractor must then arrange an unplanned asbestos response while the construction schedule is already disrupted.

What to Confirm Before Demolition Begins

• Confirm the CAI surveyed every area affected by the demolition or alteration scope.

• Match the filing to the survey result: ACP-5 for no disturbance or a minor project, ACP-7 for work above the threshold.

• Do not begin a notified asbestos project until the one-week notice period has run.

• For full demolition, confirm the ACP-5 certifies the entire building as free of asbestos-containing material.

• Recheck the filing whenever the scope, floor location, contractor, monitoring firm, ACM quantity, or project dates change.

For ordinary planned work, the sequence cannot be repaired after the fact. The survey comes first, the ACP-7 precedes abatement, and full demolition requires the appropriate ACP-5 before DOB issues the permit. Emergency projects follow separate procedures with their own filing deadlines.

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