The Legal Requirement
Yes, asbestos inspection is legally required before renovation or demolition in New York City buildings constructed before 1987.
NYC Administrative Code §24-146 and the NYC Department of Environmental Protection (DEP) Air Pollution Control Code require that before any renovation or demolition work disturbing building materials, the building owner or contractor must:
1. Conduct an asbestos inspection by a NYS DOL ICR 56-licensed asbestos inspector
2. Determine whether asbestos-containing materials (ACMs) are present in the areas to be disturbed
3. If ACMs are present, conduct proper asbestos abatement before proceeding with renovation
This is not a contractor best practice — it is a legal prerequisite. Building permits for renovation in pre-1987 NYC buildings require asbestos documentation.
What Is the ACP-5 (Asbestos Control Program Form 5)?
The ACP-5 is a form filed with the NYC DEP before the start of construction or demolition. It certifies that either:
The ACP-5 is required for any alteration or demolition permit application at the NYC Department of Buildings. Without ACP-5 clearance, building permits are typically not issued for pre-1987 buildings.
When the Pre-1987 Rule Applies
The 1987 cutoff reflects when the EPA's asbestos ban in most new construction products took effect. Buildings constructed before 1987 may contain:
Buildings constructed after 1986 are generally exempt from the pre-renovation survey requirement, though asbestos may still be present in materials added during subsequent renovation.
What If ACMs Are Found?
If the inspection identifies ACMs in the areas to be disturbed, renovation cannot proceed until:
1. A licensed asbestos abatement contractor (NYS DOL ICR 56 / NYC DEP licensed) removes or encapsulates the ACMs
2. Air clearance testing confirms the work area meets OSHA and EPA standards
3. Abatement is documented in the project file
Disturbing ACMs during renovation without abatement is a serious violation of federal (OSHA 29 CFR 1926.1101, EPA NESHAP) and NYC regulations, and creates liability for the building owner, contractor, and workers.
The Nassau/Suffolk/Westchester Difference
Outside the five NYC boroughs, the applicable regulation is NYS Industrial Code Rule 56 (ICR 56) — the state asbestos standard. ICR 56 requires asbestos inspection before renovation that disturbs more than threshold quantities of suspect material. The NYC-specific ACP-5 filing and NYC DEP license are NOT required for work in Nassau, Suffolk, or Westchester County. However, the inspection must be conducted by a NYS DOL ICR 56-licensed inspector — a different (and sometimes additional) credential from the NYC DEP contractor designation.
All 123inspections asbestos inspectors hold NYS DOL ICR 56. Inspectors serving NYC boroughs also hold the NYC DEP Air Code certification.
Practical Steps for Homeowners Planning Renovation
1. Before hiring a contractor: Hire a licensed asbestos inspector to survey the areas that will be disturbed
2. Get a written survey report: This documents what was found and is required for the ACP-5 filing
3. If no ACMs are found: Proceed with renovation; the inspector's report supports your ACP-5 filing
4. If ACMs are found: Hire a licensed abatement contractor before renovation begins; do not ask your renovation contractor to "deal with it" — this creates enormous liability
Do not rely on a contractor's verbal assurance that there's "probably no asbestos." The legal obligation is yours as the building owner.