Stop Work Order NYC: What It Means, Removal Process & Penalties 2025 โ€” D.O.B. Guard Resources

Stop Work Order NYC: What It Means, Removal Process & Penalties 2025

A NYC Stop Work Order (SWO) is the most serious enforcement action the Department of Buildings can issue. It immediately halts all construction at a property, triggers massive fines ($5,000โ€“$25,000+), and can result in criminal charges. In 2024, DOB issued over 8,700 Stop Work Orders across NYC. This guide covers everything property owners need to know about SWOs in 2025.

What Is a Stop Work Order?

A Stop Work Order (SWO) is an immediate order from the NYC Department of Buildings requiring all construction work to cease. It's posted on-site with a bright red sign and enforced 24/7. Violating an SWO is a criminal offense.

Authority: NYC Administrative Code ยง 28-207.2

Enforcement: DOB inspectors, NYPD, Sheriff's Office

Violations: Class 1 (most severe) with maximum penalties

What Triggers a Stop Work Order?

DOB issues SWOs for:

1. Work Without Permit (WWP)

Construction, demolition, alteration, or plumbing/electrical work without DOB-approved permits. This is the #1 cause of SWOs (67% of all Stop Work Orders).

2. Unsafe Conditions

Structural instability, collapse risk, inadequate shoring, unsafe scaffolding, exposed hazards endangering public safety.

3. Working Beyond Permit Scope

Construction exceeds what was approved in permits. Example: Permit for interior renovation, but contractor demolishes load-bearing walls.

4. Expired Permits

Continuing work after permit expiration (permits expire after 1 year and must be renewed).

5. Site Safety Violations

Missing Site Safety Plan, no Site Safety Manager (required for buildings 15+ stories), inadequate safety equipment.

6. Unlicensed Contractors

Work performed by individuals without proper NYC licenses (GC, plumber, electrician, etc.).

7. Previous SWO Violations

Continuing work after an SWO was issued. This triggers immediate criminal prosecution.

How to Look Up Stop Work Orders by Address

Before purchasing property, hiring contractors, or starting construction, check if a Stop Work Order exists. NYC provides multiple free tools to search SWOs by address:

Method 1: DOB NOW Public Portal (Most Current)

URL: DOB NOW Public Search

  1. Select "Property Profile"
  2. Enter the address (house number, street, borough)
  3. Click "Violations" tab in the results
  4. Look for violations marked "SWO" or "Stop Work Order"
  5. Check status: "Open" = SWO is active; "Resolved" = SWO was lifted

Method 2: BIS (Buildings Information System)

URL: BIS Property Profile

  1. Enter borough, house number, and street
  2. Click "View Profile"
  3. Scroll to "Open Violations" or "DOB Violations" section
  4. SWOs are marked with red text and Class 1 violation codes

Method 3: Free D.O.B. Guard Lookup Tool

Search multiple violation sources simultaneously:

๐Ÿ” Free NYC Violation & SWO Lookup โ†’

What it shows: DOB violations (including SWOs), HPD complaints, ECB fines, permit status โ€” all in one search.

What to Look For in Search Results

  • Violation Type: Class 1 with "SWO" designation
  • Issue Date: When the SWO was posted
  • Description: Reason (WWP, unsafe conditions, etc.)
  • Status: Open vs. Resolved/Rescinded
  • ECB Violation Number: For tracking fines and hearings

โš ๏ธ Important: If you find an Open SWO, do not purchase property or start work until rescission is confirmed in writing from DOB. "Resolved" status in online systems may have a 24-48 hour lag.

Immediate Consequences of a Stop Work Order

All Construction Must Stop

No exceptions. Workers must leave site immediately. Equipment must be powered down. Only safety-related work is permitted (temporary shoring, fencing, securing site).

Red SWO Sign Posted On-Site

DOB posts a bright red "STOP WORK ORDER" sign at all entry points. Removing this sign is a separate criminal offense.

Property Is Flagged in DOB Systems

No new permits can be issued for the property until SWO is lifted. All pending permit applications are frozen.

Automatic Violation Issued

SWO comes with Class 1 violation: $5,000โ€“$25,000 base fine + $500/day per-diem penalties.

ECB Summons

Property owner receives Environmental Control Board summons for civil penalties (typically $10,000โ€“$50,000).

Criminal Prosecution Risk

DOB can refer cases to District Attorney for criminal charges, especially if work continues after SWO.

How to Remove a Stop Work Order

Step 1: Stop All Work Immediately

Do not attempt to continue work. Violating an SWO results in criminal charges and fines up to $100,000.

Step 2: Identify the Cause

Log into DOB NOW to view SWO details: reason for SWO, violations cited, correction requirements.

Step 3: Correct the Underlying Issues

Address all issues that triggered the SWO:

  • Missing permits: File and obtain all required permits
  • Unsafe conditions: Hire licensed PE/RA to design remediation; implement safety measures
  • Unlicensed contractors: Replace with licensed contractors; submit new contractor filings
  • Expired permits: File for renewal; pay renewal fees

Step 4: File for SWO Rescission

Submit rescission request in DOB NOW with:

  • Proof of corrected violations (permits, licenses, inspection reports)
  • Professional Engineer/Registered Architect certification (if structural issues)
  • Photos documenting corrective measures
  • Payment of all outstanding fines (optional but expedites process)

Step 5: DOB Inspection

DOB schedules re-inspection (typically 7-21 days). Inspector verifies all corrections. If approved, SWO is lifted.

Step 6: Rescission Issued

DOB issues "Rescission of Stop Work Order" document. Keep copies on-site and in project files.

Timeline

Best case: 2-4 weeks (if all corrections are straightforward)
Typical: 6-12 weeks (permit processing delays, inspection scheduling)
Worst case: 6+ months (major structural issues, criminal proceedings, ECB litigation)

Penalties and Fines (2025)

Offense Base Fine Per-Diem Penalty
Stop Work Order Violation $5,000โ€“$25,000 $500/day
Working After SWO $10,000โ€“$50,000 $1,000/day + criminal charges
Removing SWO Sign $5,000โ€“$10,000 Criminal misdemeanor
Repeat SWO (within 5 years) $25,000โ€“$100,000 $2,000/day + felony charges

How to Avoid Stop Work Orders

1. Always Obtain Permits Before Starting Work

Even "minor" work requires permits. Check our NYC permit types guide to understand what requires permits.

2. Verify Contractor Licenses

Search contractor licenses in DOB NOW. Never hire unlicensed contractors.

3. Track Permit Expiration Dates

Permits expire after 1 year. Renew permits before expiration to avoid automatic violations and SWO risk.

4. Respond to 311 Complaints Immediately

Most SWOs result from 311 complaints about illegal construction. Address complaints within 24 hours.

5. Maintain Site Safety

Buildings 15+ stories require Site Safety Plans and certified Site Safety Managers. Smaller projects need proper safety equipment, fencing, and signage.

6. Stay Within Permit Scope

Only perform work described in approved permits. File amended permits if scope changes.

Frequently Asked Questions

How can I check if a property has a Stop Work Order?

Search by address in DOB NOW or D.O.B. Guard's free lookup tool. Look for Class 1 violations marked "SWO" with "Open" status. Always verify with DOB before closing on property or starting construction.

Can I get a Stop Work Order lifted immediately?

No. Minimum timeline is 2-4 weeks to correct violations, obtain permits, and schedule DOB re-inspection.

What if DOB issued an SWO by mistake?

File rescission request immediately with proof of valid permits and compliance. DOB will expedite review if error is clear.

Can I do any work during a Stop Work Order?

Only safety-related work: temporary shoring, fencing, securing open excavations. No construction, demolition, or alterations.

Does an SWO affect property sales?

Yes. SWOs must be disclosed and typically delay closings by 2-6 months while rescission is obtained.

What if my contractor caused the SWO?

Property owner is responsible for SWO removal and fines, regardless of who caused it. You can sue contractor for damages after rescission.

Related Resources

Last updated: October 2025. This guide is for informational purposes only and does not constitute legal advice.

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