In New York City, any renovation, alteration, or demolition project is subject to strict environmental laws. The most critical of these concern asbestos. Before any work is initiated, building owners must navigate a specific process governed by the NYC Department of Environmental Protection (DEP) to ensure no hazardous asbestos fibers are released. This guide explains the required asbestos survey and the crucial ACP-5 form.
Part 1: The Asbestos Survey Requirement
The core rule is simple: you must assume asbestos is present in any building built before April 1, 1987, until a certified professional proves otherwise.
When is a Survey Required? Before any construction, renovation, remodeling, alteration, or demolition work that may disturb building materials. This applies even for obtaining permits from the Department of Buildings (DOB), such as an ALT-1 or ALT-2.
Who Can Perform a Survey? Only a NYC DEP-Certified Asbestos Investigator (CAI). A general contractor or home inspector is not qualified or licensed to perform this work.
What is the Survey? The CAI conducts a thorough inspection, reviewing building plans and physically sampling all suspect Asbestos-Containing Materials (ACM) that will be disturbed by the planned work. This includes materials like plaster, floor tiles, insulation, caulking, and roofing.
What is ACM? Asbestos-Containing Material is any material found to contain more than 1% asbestos.
Part 2: What is the ACP-5 Form?
The ACP-5 (Asbestos Assessment Report) is the official document filed by the Certified Asbestos Investigator. It is not a permit to remove asbestos. Instead, it is the official certification of the survey's findings. The ACP-5 form tells the NYC DEP one of two primary things:
"No Asbestos": The investigator certifies that no ACM was found in the work area or was completely abated by a licensed asbestos abatement contractor.
"Minor Project": The investigator certifies that while ACM is present, the planned work will disturb less than the regulatory threshold (generally <10 square feet or <25 linear feet).
CRITICAL NOTE: Even for a "Minor Project," all asbestos removal work must be performed by a NYC-licensed asbestos abatement company and follow all required city and state regulations. The "minor" status only simplifies the filing process; it does not eliminate safety or licensing requirements. If the asbestos survey finds asbestos above these thresholds, the project then requires an asbestos abatement filing process, and completion of abatement work, prior to the receiving the DOB permit.