Understanding Access Agreements: Your Rights and Responsibilities

Understanding Access Agreements: Your Rights and Responsibilities

Access agreements serve as essential legal documents that grant individuals the right to access a property for various purposes, such as construction, repairs, or installation of safety measures required by the NYC Department of Buildings Building Code. Understanding access agreements and their significance is crucial for property owners, developers, and contractors alike, as they lay the foundation for smooth and compliant real estate endeavors.

In this article, we will explore what access agreements are, why they are important in NYC real estate, and how they impact your property rights and responsibilities.

?? What is an Access Agreement?

In simple terms, an access agreement is a legal document that grants someone the right to access your property. This may occur when your neighbor needs access to your property to comply with certain NYC Department of Buildings Building Code requirements, such as installing scaffolding, roof protection, or a sidewalk shed during their property's renovations or construction.

? Why and When Would Someone Need Access to Your Property?

The need for access to your property arises when a neighbor's property work extends beyond their property line and necessitates certain protections to be installed and maintained on your property to comply with safety regulations (i.e., New York City Department of Buildings Building Code).

?? What are Important Terms in an Access Agreement?

In an access agreement, several crucial terms govern the rights and responsibilities of parties involved in property access. These terms include:

·????????Compliance with Applicable Laws: Parties must adhere to all relevant laws, regulations, and building codes during the access period.

·????????Pre-construction Survey: A pre-construction survey is often required to assess the condition of the property before access is granted.

·????????Protection Plans: Access agreements identify specific protection plans, such as scaffolding or sidewalk sheds, that must be implemented during the access period. Protection plans should be reviewed to, in part, confirm the sufficiency of the contemplated protections.

·????????Monitoring Requirements: The agreement may stipulate monitoring and inspection obligations to ensure compliance and safety.

·????????License Term: The duration of the access license is specified, indicating the start and end dates for the granted access and the obligations of the parties when the license term ends.

·????????License Fees: Compensation or license fees paid by the accessing party to the property owner for the right to access the property which fees are in consideration for the interference with the use and enjoyment of that property.

·????????Professional Fees: Reimbursement of reasonable professional fees incurred, such as legal and engineering fees, related to the negotiation of the access agreement and review of the protection plans.

·????????Repair Obligations: Responsibilities for repairing any damages caused during the work are addressed along with when those repairs need to be made.

·????????Indemnification: The agreement outlines indemnification provisions to protect properties and parties involved, defining the scope of indemnity and the circumstances under which it applies.

·????????Insurance: Insurance requirements to protect parties from potential risks. It is important to review those insurance policies and not solely rely upon a certificate of insurance.

·????????Mechanic Liens and Violations: Provisions on mechanic liens and violations arising from the access work including obligations on the discharging of mechanic liens and curing and removal of violations.

·????????Quality of Life Obligations: Provisions addressing quality of life issues such as no loitering provisions, work hours, clean-up requirements and extermination services.

These terms are critical for a clear and mutually beneficial agreement, ensuring that all parties involved understand their roles and obligations throughout the access process.

?? Determining Compensation for Providing Access: Case-by-Case Basis

You might be wondering if you are entitled to compensation for granting access to your property. Compensation, in the form of license fees, must be analyzed on a case-by-case basis as each job and property are different. It is also important to note that access/license fees are in consideration for the interference with one’s use and enjoyment of the property. Generally speaking, greater interference with one’s use and enjoyment usually results in higher license fees.

? Proactive Measures: Negotiations May Take Time

In the fast-paced world of real estate development and renovation projects, being proactive with access agreement negotiations can make all the difference. Embracing a proactive approach empowers property owners, developers, and contractors to navigate the negotiation process more efficiently and ensures a smooth and timely progression of their projects.

?? Refusing Access: The Consequences

It is crucial to negotiate in good faith when dealing with access agreements. Refusing access and/or failing or refusing to negotiate in good faith may result in your neighbor seeking a court order to obtain access to your property (utilizing RPAPL 881) in which case you could jeopardize your ability to, among other things, seek reimbursement of professional fees.

Email me at [email protected] or call me at 212-624-4185 to learn more about access agreements today.

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