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hi everyone I'm George Fontana and I'm an architect in New York and today I'm gonna be talking about the difference between an alteration type 1 and an alteration type 2 filing at the New York City Department of Buildings if you're going to be filing a project in New York or renovation or an alteration to a building most likely it's going to be either an alt 1 or an alt 2 if it's a new building that's an NB application and then there's also things like an all three and some other types of applications that are for very specific things okay but in general most renovations our building alterations are in all one all two so very common question I get was a difference tween in also one versus an all-too when do I do in all one when do I do in all two people are always asking me these it's very easy to get confused about this but let's go through it and discuss some of the key differences and identify when each one applies and why you should care all right so the first point of an alteration type 1 or an alt one is that the whole reason there's an alt 1 in an all-too distinction is alt ones are going to result in a new or amended certificate of occupancy this all has to do with the CFO that's that's the whole point of the difference okay when you do an alt one they're gonna issue you a new certificate of occupancy if you did not have one already or if you have one already there will be a new certificate of occupancy amending the old one basically the new certificate of occupancy will take over okay and alt - or an alteration type - there is no change to the certificate of occupancy the original certificate of occupancy remains as is and if you were in a building that had no certificate of occupancy you will not be required to get a new one if you are filing in all - you can keep the certificate of occupancy as is or just have no certificate of occupancy whichever is the case for you so when do you decide which one applies alright so the rule is that any change in consistent with the existing certificate of occupancy will require an alt 1 okay any change inconsistent with the certificate of occupancy anything that's going to contour the certificate of occupancy so if you're doing an alt 2 that means there are no changes to contradict the certificate of occupancy and the certificate of occupancy remains intact and fully true basically everything on the certificate of occupancy will still be true after you finish your renovation or whatever the alteration is now what do you do if you don't have a certificate of occupancy right this is very common old buildings in New York City didn't require a certificate of occupancy up until a certain point so you're gonna do some research on these buildings to figure out what is the existing legal use okay you can file a letter of no objection which we're gonna talk about later that'll determine the existing legal use all right but I have a really good system for this what I do is look at the building figure out whatever documentation you have figure out you know what the what the proper legal use is and write out what the certificate of occupancy would say just as if you were doing a new one okay and then you right next to it what your proposed certificate of occupancy should say and if you find any discrepancies or any inconsistencies you then will need to file for a new certificate of occupancy and file an all one if in that case there are no discrepancies just proceed with an all-too okay now what other situations you can meet an alt one all right the Department of Buildings Building Code requires any change in use occupancy or egress to have an alt 1 filed and to receive a new certificate of occupancy upon completion so a change in use is the use of the building right if you're a commercial building and you want to convert it to residential this is obviously a change in use you're gonna file an alt one or and get a certificate of occupancy all right a change in occupancy is the you know for example the occupants if you have a restaurant with less than 75 people 75 people is actually a very critical number for restaurants and then you want to increase it to over 75 people that would be a change in occupancy although it's not a change in use okay that would still require a new certificate of occupancy all right and then changes to the means of egress the egress are the exits to the building the stairways these types of things these are this is going to require a change in the certificate of occupancy okay now alteration types 2 has no change in use occupancy or egress very critical distinction between the two so make sure to verify that before determining which way you're gonna file why do we care all right what difference does it make right well an alt 1 is generally more work in an alt 2 is generally less work this is not always going to be the case there are certain easy alt ones there certain easy alt twos there are complicated alt ones and complicated all twos so it really it really matters the individual job but generally speaking with required items what what you have to do to complete the project your alt 1 will have more and you're all - will have less so the code requirements may may be more strict on an alt 1 the procedural requirements and the inspections may be increased on an alt 1 for example in order to get a certificate of occupancy the Department of Buildings has to do a final inspection whereas on an alt - the architect on the job can do a directive 14 inspection which means the architect himself or herself will do the final inspection on the job and the department abilities will not do it okay the there are also other code issues for example a change in use in New York City will generally require fire sprinklers unless the proposed use is exempt from fire sprinklers okay whereas if you're doing a alt 2 in a space that doesn't have fire sprinklers you're not going to be required in most cases to to add any type of fire sprinklers okay so that is a key difference of course every job should be assessed on a case-by-case basis alright now let's talk about some examples between the two all right what's in it what's what's a situation where you're going to file an l1 so I reset if you're convert from a commercial use to a residential use or from a residential use to a commercial use that's an obvious alt one needs a new certificate of occupancy okay even if it's just part of the building it doesn't matter doesn't have to be the whole building it could be one small portion one floor one area but if the use is changing you're getting a new certificate of occupancy okay additions to buildings in general building additions are gonna require new certificate of occupancy if you're adding floors to a building okay that's definitely gonna require a new certificate of occupancy so any any change in the number of storeys a hundred percent needs a new certificate of occupancy and an alt one all right increase in the number of apartments it doesn't matter how many apartments you have you've got a residential building you're increasing the number you're doing this you're doing an alt one getting a new certificate of occupancy your this this will apply if you're going from two family to a three family or if you're going from 200 families to 201 families you're doing it all one getting a new certificate of occupancy always all right change in the number of occupants to the space we use the example already of the restaurant right if I've got a restaurant seating for 50 people and then I hit that critical points of 75 people you're gonna get a new certificate of occupancy after that all right and then one that we get a lot of questions about is roof decks this is a complicated one in some situations you're gonna need a certificate of occupancy for a roof deck in some situations you're not total case-by-case basis there's a lot of rules on that we'll probably do another video just on that subject okay now let's talk about all two examples when do you do in all two when do you not need a new certificate of occupancy okay so any kind of basic interior renovation you're doing an apartment renovation just file in all two in most cases you're doing an apartment combination this is a big one we do these all the time so apartment combinations will generally not require an alt one they can typically be done in an all-too but there are certain cases where you're gonna have to do an alt one okay we're another video on that topic alone but in most cases if you follow the rules for doing an apartment combination as an alt - you'll be fine and you can make that work otherwise it's got to be in all one alright commercial renovation you know just a restaurant interior renovation if you're not changing the the seating if you're not hitting any critical points there no change in occupants any any basic office renovations are gonna be filed as an all-too okay adding a wall or removing a wall in most cases isn't all too straightforward job no need to file an alt one okay adding a bathroom or removing a bathroom also that's an all - no need for an alt one adding a bedroom is is almost always going to be in alt - there are certificates of occupancy that were issued at a certain time period where they recorded the number of habitable rooms on the certificate of occupancy this would result in a change inconsistent with a certificate of occupancy as we discussed before so in that case I recommend you talk to the deputy commissioner at that given borough office because you got to figure out if you need to file an alt 1 or an alt two on that so that'll be case-by-case basis but but in most situations adding a bedroom to an apartment if you go in from a two bedroom two or three bedroom doesn't require a certificate of occupancy but you got to verify that okay as I said roof decks sometimes they're all twos sometimes they're all ones there's a whole list of issues there that you have to go with and determine what applies so that's a little complicated that's gonna be a separate video all right now key points any alteration where you receive an Ln note or an LOV will most likely be able to be filed as an alt - unless you're you're changing something out of the scope of an LNO or an lov okay so the letter of no objection or a letter of verification ellen:oh lob are documents that will verify or or see if the DOB has any objections to a specific use all right so I'll give you an example we had a client who had wanted to take over a commercial space and put a doggie daycare center there and we had to figure out is this a change of use alright it was a it was a it was a commercial space before so we did a little homework on the property and filed a letter of no objection and the deal be issued a letter of no objection stating we have no objection to a doggy daycare center you know at the given address such-and-such you know so we were able to do that job without filing an alteration type-1 it was very simple right so a letter of no objections are issued when there's no certificate of occupancy on hand and a letter of verification is issued when there is a certificate of occupancy but you're not certain if the change in use constitutes an actual change in use for example is the change in use you know within the same use group within the zoning code would that you know that that generally won't determine or rather require a change in use but you have to make sure that the uses are acceptable so we file those all the time very common we have another video just discussing that topic but that's a critical thing to do if you're not certain what applies to you when you have a building with no certificate of occupancy you've got to do some homework on it you've got to figure out what the the correct use is and make sure that you're not going to do anything that contradicts that and you know if you file an alt one if you fall in all two instead of an old one when you're supposed to this is a serious problem okay so you always want to make sure you've got these things figured out okay let's do an example that I get all the time from people or some variation of this example all the time people asking me about this all right it's it's very nuanced so so let's check this out so you've got a two family house okay it's a town house right you've got four stories all right one family is on the first and the second floor one family is on the third and the fourth floor okay then you're proposing to make an alteration where one family will occupy first second and third floors and the second family will occupy the fourth floor so you're going from two and two to three and one okay but it still got two families in both situations does this require a new certificate of occupancy does this require an alt one or does this require an alt two what do you think if you said this requires an alt one you are correct this is an alt one because this would be inconsistent with the certificate of occupancy okay whether or not you have a certificate of occupancy because the certificate of occupancy on the existing conditions would say first floor half of an apartment second floor half of an apartment in conjunction with the first floor 3rd floor is half of an apartment 4th floor half of an apartment in conjunction with the third floor and then the new one would have a different set up it's a contradiction against the existing certificate of occupancy this is an alt one that's probably the most common confusion about alt ones that I see but this is a hundred percent in alt one all right you've got if you've got no certificate of occupancy you've got to do your homework and do some research on the building and prove where the floors are and verify all that information ok so so a lot of research is required for these types of situations these are the differences between an alteration type 1 and an alteration type 2 the differences are very critical very important that we do not mix these up subscribe leave comments below let me know if there are any subjects you want to discuss thank you for listening