What Happens If You Fail a Parapet Inspection in NYC?
Your parapet was classified as Unsafe or SWARMP. Here is exactly what happens next: DOB notifications, public protection requirements, repair deadlines, costs, and how to get your building back to compliance.
You got your parapet inspected. The inspector climbed up to the roof, walked the perimeter, took photos, and wrote the report.
And the result was not what you wanted to hear.
Maybe your parapet was classified as Unsafe. Maybe it came back as SWARMP (Safe With a Repair and Maintenance Program). Or maybe you never got the inspection done at all, and now the DOB is at your door asking for a report you do not have.
No matter which situation you are in, this guide explains exactly what happens next, what your obligations are, what it will cost, and how to get your building back to compliance as efficiently as possible.
Understanding the Three Classifications
Under Local Law 126, every parapet observation must result in one of three classifications:
Safe
The parapet is in good condition. No hazards. No immediate repairs needed. Your only obligation is to keep the report on file and get another inspection next year.
This is the best outcome, and it is what every building owner is hoping for. If you get a Safe classification, you are done until the next annual inspection cycle.
Safe With a Repair and Maintenance Program (SWARMP)
The parapet is not in immediate danger of failing, but the inspector found conditions that need attention. Think of SWARMP as a yellow light. You are not in crisis, but you need to act before things get worse.
Common SWARMP findings include:
- Deteriorated mortar joints that have not yet reached the point of structural concern
- Minor cracks in masonry units
- Surface spalling on bricks or concrete
- Early-stage corrosion on metal elements
- Worn or aged coping that is still intact but showing its years
A SWARMP classification means you need a repair and maintenance plan. The inspector will outline what needs to be fixed and give general priority guidance. While there is no hard 90-day deadline like with an Unsafe finding, ignoring SWARMP conditions is a bad idea for two reasons:
- They will get worse. What costs a few hundred dollars to fix today can become a multi-thousand-dollar repair if left alone.
- Next year's inspection will flag the same issues, potentially upgrading them to Unsafe if they have deteriorated further.
Unsafe
This is the classification that triggers mandatory action with hard deadlines.
An Unsafe finding means the inspector identified conditions that pose an immediate risk to public safety. The parapet, or some part of it, could potentially fail and send debris onto the sidewalk, street, or other public area below.
Common Unsafe findings include:
- Severely leaning or out-of-plumb parapet sections
- Loose or dislodged masonry units that could fall
- Missing coping stones with exposed, unstable material underneath
- Large cracks running through structural elements
- Active crumbling or disintegration of the parapet wall
- Failed attachments on appurtenances (railings, signs, antennas) that could detach
The Unsafe Finding Timeline: What Happens Hour by Hour
When your inspector identifies an unsafe condition, a specific sequence of events kicks off. Here is the timeline:
Inspector Notification to DOB
The inspector must notify the Department of Buildings right away. This is not optional and it is not something they can delay until the report is finished.
The notification goes through two channels:
- A phone call to 311 to report the unsafe condition
- An email to parapets@buildings.nyc.gov with details of the finding
If the building is also subject to FISP (Local Law 11), the inspector must also file a FISP3 Unsafe Notification through DOB NOW Safety.
Building Owner Notification
The inspector notifies you (the building owner or your designated representative) about the unsafe finding. This is not just a courtesy call. You have immediate obligations that start the moment you are informed.
Install Public Protection
The building owner must install public protection measures to keep pedestrians and the public safe from the identified hazard. Depending on the situation, this typically means:
- Sidewalk shed: The most common requirement. A structural overhead cover that protects the sidewalk below the affected parapet section. Installation costs range from $30,000 to $100,000+ depending on the length of frontage.
- Safety netting: Sometimes used in combination with or as a temporary alternative to sidewalk sheds, particularly for upper-story parapets.
- Barriers and fencing: Used to redirect pedestrian traffic away from the hazard zone when overhead protection is not immediately feasible.
- Warning signage: Posted while more substantial protection is being arranged.
The protection must remain in place until all unsafe conditions are fully repaired and the area is confirmed safe.
Complete All Repairs
All unsafe conditions must be remediated within 90 days from the date the DOB was notified. The clock starts the day the inspector calls 311 and sends the email, not the day you receive the report.
Ninety days sounds like a lot of time, but in practice it goes fast. You need to:
- Get repair specifications from an engineer
- Obtain quotes from qualified contractors
- Secure any necessary permits
- Schedule and complete the actual repair work
- Get a follow-up inspection to verify the repairs
In NYC, where contractor availability, weather, and permitting all factor in, starting the repair process immediately is not just advisable. It is necessary.
What Repairs Actually Look Like
The scope of repairs depends entirely on what the inspector found. Here are the most common unsafe parapet repairs and their typical costs:
Mortar Joint Repointing
Deteriorated mortar is one of the most frequent findings. Repointing involves removing the old, failing mortar and replacing it with new material.
Coping Stone Repair or Replacement
Loose or cracked coping stones along the top of the parapet need to be re-secured or replaced.
Brick Replacement
Individual damaged bricks are removed and replaced. Cost depends on how many need replacement.
Partial Parapet Rebuild
When a section is too far gone for spot repairs, it needs to be taken down and rebuilt.
Full Parapet Reconstruction
In the worst cases, the entire parapet needs to be demolished and rebuilt from scratch. Add scaffolding costs on top.
Sidewalk Shed
The shed itself is a major expense. If repairs take three months, the shed alone can cost $36,000 to $115,000.
Many parapet failures start with water infiltration that goes unaddressed. Read about preventing water infiltration in buildings to understand how moisture accelerates parapet deterioration.
What Happens If You Do Not Complete Repairs in 90 Days?
Missing the 90-day remediation window is a serious problem.
The DOB tracks unsafe notifications and follows up on them. If your building has an open unsafe parapet condition past the 90-day mark, you face:
- Escalating DOB violations and fines
- Potential for the DOB to order emergency repairs performed by a city contractor at the building owner's expense (these are significantly more expensive than hiring your own contractor)
- Additional penalties for any continued non-compliance
- The sidewalk shed stays up indefinitely, with monthly rental costs continuing to accumulate
If someone is injured by falling debris from a parapet with an open, unresolved unsafe finding, the legal exposure is severe. Documented knowledge of the hazard plus failure to remediate within the legally required timeframe creates a strong negligence case.
What If You Never Got an Inspection at All?
Some building owners find themselves in a different situation: they did not fail an inspection. They just never got one.
Under Local Law 126, you are required to have an annual parapet observation report on file. If the DOB requests it and you cannot produce it, the consequences are straightforward:
- Minimum fine of $1,250 for the first offense
- Fines up to $10,000 for continued non-compliance
- DOB violation placed on your building's record
But the fines are just the beginning. Without a current inspection report, you have no documented evidence that your parapet is safe. If debris falls and someone gets hurt, the absence of an inspection report makes your legal position significantly harder to defend.
If you have been putting off your inspection, the best time to fix that is today. Get an inspection scheduled immediately. Even if you have missed previous years, having a current report puts you in a better position than having nothing at all. The inspector will document the current state of your parapet, and you can start addressing any issues from there.
The SWARMP Trap: Why Yellow Lights Turn Red
Building owners who get a SWARMP classification often breathe a sigh of relief. It is not Unsafe. No DOB notification. No sidewalk shed. No 90-day countdown.
But SWARMP conditions are a ticking clock.
Every issue identified in a SWARMP finding will continue to deteriorate. Mortar keeps eroding. Cracks keep growing. Corrosion keeps spreading. Water keeps finding its way in.
The signs of parapet deterioration that show up in a SWARMP report are your warning. Address them when the fix is still affordable and manageable.
What happens when building owners ignore SWARMP findings:
Year 1: SWARMP
Inspector notes deteriorated mortar on the west-facing parapet. Estimated repair cost: $3,000 to $5,000.
Year 2: SWARMP (worsening)
Same mortar issue, now more extensive. Additional cracks noted. Estimated repair cost: $6,000 to $10,000.
Year 3: Unsafe
Mortar deterioration has progressed to the point where masonry units are loose. Inspector classifies the section as Unsafe. DOB is notified. Sidewalk shed goes up. Repair cost: $15,000 to $25,000 for the masonry work, plus $30,000+ for the sidewalk shed. Total: $45,000 to $55,000.
The $4,000 repair in Year 1 became a $50,000 problem in Year 3. That story repeats itself across NYC buildings every single year.
Real-World Scenarios: What This Looks Like for Actual Buildings
Scenario 1: Brooklyn Brownstone, SWARMP Finding
A 3-story brownstone in Park Slope gets its annual LL126 inspection. The inspector notes deteriorated mortar joints on the front-facing parapet and minor surface spalling on several bricks. Classification: SWARMP.
Action needed: Schedule repointing work before the next annual inspection.
Estimated cost: $2,500 to $4,000. No DOB notification required. No sidewalk shed. The owner hires a mason for the summer, gets it done, and the following year's inspection comes back Safe.
Scenario 2: Manhattan Mid-Rise, Unsafe Finding
A 9-story apartment building on the Upper West Side has its parapet inspected. The inspector finds a 15-foot section of the east-facing parapet leaning noticeably outward, with several loose bricks near the top. Classification: Unsafe.
What happens: The inspector calls 311 and emails the DOB that same day. The building management company is notified immediately. A sidewalk shed is ordered for installation within 48 hours. An engineer is hired to prepare repair specs. Three contractor bids come in ranging from $18,000 to $28,000 for the parapet rebuild. The management company selects a contractor, secures the DOB permit, and repairs are completed in 67 days. A follow-up inspection confirms the parapet is now Safe. The sidewalk shed is removed.
Total cost: approximately $22,000 for the repair, $45,000 for the sidewalk shed (installation plus 3 months rental), $1,200 for the follow-up inspection. Grand total: roughly $68,000.
Scenario 3: Queens Portfolio Owner, No Inspection at All
An owner of six walk-up buildings in Astoria has been ignoring the Local Law 126 requirement since it took effect. During a neighborhood sweep related to a separate complaint, a DOB inspector visits one of the buildings and asks for the parapet report. The owner cannot produce one.
Result: $1,250 fine for the first building. The DOB inspector flags the owner's other properties for follow-up. Three more inspections result in three more fines. The owner scrambles to get all six buildings inspected, discovers two have SWARMP conditions, and now has to handle repairs plus fines plus the inspection backlog.
Total cost: over $15,000 in fines and inspection fees alone, before any repair work.
Insurance and Legal Considerations After a Failed Inspection
A failed parapet inspection has implications beyond the immediate repairs.
Insurance Impacts
An Unsafe finding can trigger a notification to your property insurer, depending on your policy terms. Some policies require disclosure of known hazards. Failing to disclose could void coverage. On the other hand, some commercial policies provide coverage for structural repairs if the damage was caused by a covered event like a storm.
Review your policy with your insurance agent after any Unsafe or SWARMP finding. Know what is covered, what needs to be disclosed, and how your premiums might be affected.
Legal Liability
New York City building owners have a legal duty to maintain their buildings in a condition that does not endanger the public. A parapet with a documented Unsafe condition creates a known hazard. If that parapet drops debris and injures someone after you have been informed of the condition, the legal argument against you is straightforward.
Having the inspection done (even if it finds problems) actually works in your favor legally. It shows you are being proactive about safety. The real liability nightmare is when there is no inspection on file at all, because it suggests the owner did not care enough to check.
Property Value and Transactions
Open DOB violations show up in public records. Buyers, lenders, and title companies check these records during due diligence. An unresolved parapet violation can delay closings, reduce sale prices, or cause deals to fall through entirely. Getting violations resolved quickly protects your property'smarketability.
How to Get Back to Compliance After a Failed Inspection
Whether your parapet was classified as SWARMP or Unsafe, here is the step-by-step path back to compliance:
Understand the findings
Read the inspection report carefully. Know exactly what was found, where it was found, and what the inspector recommends. If anything is unclear, call the inspection company and ask for clarification.
For Unsafe findings, handle immediate obligations
Make sure the DOB was notified (your inspector should have done this). Install public protection immediately. Do not wait for the repair contractor. The protection goes up now.
Get repair specifications
For anything beyond minor maintenance, you want a licensed engineer to prepare repair specifications. These specs tell the contractor exactly what needs to be done and ensure the repairs meet code requirements.
Get contractor quotes
Get at least two to three quotes from contractors experienced in parapet and masonry repair in NYC. Make sure they are licensed and insured.
Obtain permits if needed
Some parapet repairs require DOB permits, especially if they involve structural changes, scaffolding, or work that extends over the public right-of-way. Your contractor or engineer should handle the permit process.
Complete the repairs
Get the work done within the 90-day window for Unsafe conditions. For SWARMP conditions, complete repairs before your next annual inspection.
Get a follow-up inspection
After repairs are complete, have your inspector re-evaluate the parapet. The follow-up report should confirm that the previously identified issues have been resolved and reclassify the parapet (ideally as Safe).
Update your records
Keep the original inspection report, the repair specifications, contractor invoices, permit documentation, and the follow-up inspection report all together in your building's compliance file. Retain everything for at least six years.
Frequently Asked Questions
Q: Is an Unsafe finding the same as 'failing' the inspection?
A: The inspection itself does not have a pass/fail designation. But an Unsafe classification triggers mandatory DOB notification, public protection, and a 90-day repair deadline. In practical terms, yes, it means your parapet did not pass muster.
Q: Can I dispute the classification?
A: You can get a second opinion from another qualified inspector. If the second inspector disagrees with the classification, you will need to work with the DOB to resolve the discrepancy. In practice, if one inspector calls something Unsafe, it is usually because there is a genuine hazard.
Q: Who pays for the sidewalk shed?
A: The building owner. There is no insurance coverage for this in most standard policies. It is the owner's responsibility to protect the public from a hazard on their building.
Q: What if my tenant caused the damage?
A: The building owner is responsible for the structural integrity of the building exterior, including parapets. Internal lease arrangements between owner and tenant do not change the owner's obligations to the DOB or the public.
Q: Can I just tear down the parapet instead of repairing it?
A: In some cases, removing a parapet is an option, but it requires engineering review, DOB approval, and may affect building code compliance for things like fire rating and roof drainage. It is not a shortcut. Talk to an engineer before going this route.
Q: How do I find a contractor for parapet repairs?
A: Look for contractors who specialize in masonry restoration and facade work in NYC. They should be licensed by the city, carry adequate insurance, and have experience specifically with parapet repairs. Your inspection company can often recommend qualified contractors.
Q: Will my insurance cover the repairs?
A: Some commercial property insurance policies cover structural repairs, but many exclude routine maintenance and code compliance costs. Check your policy's specific terms. The inspection cost itself is generally not covered, but major structural repairs sometimes are.
Do Not Wait for the Problem to Get Worse
Whether your parapet came back as SWARMP, Unsafe, or you have not had an inspection yet, the path forward is the same: take action now.
The costs of proactive maintenance and timely repairs are always lower than the costs of emergency remediation, DOB violations, and liability exposure. A building owner who spends $5,000 on mortar repointing today avoids the $50,000 sidewalk-shed-plus-rebuild scenario next year.
VetraCheck provides Local Law 126 parapet inspections, follow-up assessments, and compliance support across all five NYC boroughs. If your building needs an inspection or you need guidance after a difficult finding, reach out for a consultation.