FISP / Local Law 11 penalties: what a late or missing facade report costs the owner
Every amount on this page is quoted from the city's rule, 1 RCNY 103-04 (d). The numbers on cycle 9 and on the open Sub-Cycle 10B buildings come from public NYC Department of Buildings data, re-checked every week.
The four penalties in the rule
FISP penalties are charged to the building owner, not to the qualified exterior wall inspector (QEWI). They add up: an owner who files late can owe the late-filing penalty and, if the report finds unsafe conditions that are not repaired, the penalty for failure to correct on top of it.
| Penalty | Amount | Rule |
|---|---|---|
| Failure to file an acceptable inspection report | $5,000 per year, immediately after the end of the filing window | (d)(1) |
| Late filing, in addition to the above | $1,000 per month, from the day after the sub-cycle deadline until an acceptable initial report is filed | (d)(2) |
| Failure to correct an unsafe condition | $1,000 per month; from year 2 plus $10 per linear foot of sidewalk shed per month, year 3 $20, year 4 $30, year 5 $40 | (d)(3) |
| SWARMP condition not corrected and reported as unsafe in the next cycle | $2,000 | (d)(4) |
The penalty for failure to correct runs until the Department receives an acceptable amended report showing the unsafe conditions were corrected, the sidewalk shed has been removed and the permits are signed off, or until the Commissioner grants an extension of time. An extension of up to 90 days to complete repairs needs, among other things, the repair contract, the QEWI's time estimate and a notarized owner affidavit; the rule says financial considerations are not accepted as a reason. Owners can challenge a penalty in writing within 30 days of service, with proof of compliance ((d)(5)).
How often cycle 9 reports came in late
In cycle 9, 28% of the initial reports on the DOB list were filed after the sub-cycle deadline, and 37% were filed in the month of the deadline itself. Late filing is not an exception; it is a large part of the market.
The same pattern sits in today's open list. Of the 4,643 Sub-Cycle 10B buildings that have no cycle 10 report on file yet, 3,726 have a cycle 9 report, and 1,090 of those (29%) filed it late. At the rule's rate of $1,000 per month, a ten-month delay is $10,000 in late-filing penalties alone, before any penalty for unsafe conditions.
What it means for Sub-Cycles 10B and 10C
Sub-Cycle 10B reports are due Feb 21, 2028, Sub-Cycle 10C reports Feb 21, 2029. As of Oct 18, 2026, 4,643 buildings in 10B and 4,893 in 10C have no cycle 10 report on file. Among the open 10B buildings, the last cycle 9 report rated 1,712 facades as SWARMP (safe with a repair and maintenance program) and 302 as unsafe. Under (d)(4), a SWARMP condition that was not corrected and is reported as unsafe in cycle 10 costs the owner $2,000, and the monthly penalties for an unsafe condition follow.
For an inspection firm this is a fair reason to call early: the owner who books the inspection in good time avoids the late-filing penalty and has time to repair SWARMP items before they turn into unsafe conditions. Our cycle 10 deadline guide explains which buildings fall into which sub-cycle; repairs and sidewalk sheds are covered by our sister site Facade Repair Radar.
Questions about FISP penalties
Who pays FISP penalties, the owner or the inspection firm?
The owner. 1 RCNY 103-04 (d) makes the owner liable for the civil penalties for failure to file, late filing, failure to correct unsafe conditions and failure to correct SWARMP conditions. The QEWI files the report, but the penalties are charged to the owner.
How much is the FISP late filing penalty?
$1,000 per month, from the day after the filing deadline of the building's sub-cycle until an acceptable initial report is filed (1 RCNY 103-04 (d)(2)). It comes in addition to the $5,000 per year for failure to file (d)(1).
What happens if an unsafe facade is not repaired?
The owner pays $1,000 per month until the condition is corrected, plus from the second year $10 per linear foot of sidewalk shed per month, rising to $40 in the fifth year (1 RCNY 103-04 (d)(3)). The penalty runs until an acceptable amended report is filed, the shed is removed and the permits are signed off, or the Commissioner grants an extension.
Can an owner challenge a FISP penalty?
Yes, in writing within 30 days of service of the violation, with proof of compliance such as the acceptable initial or amended report or an approved extension of time (1 RCNY 103-04 (d)(5)).
See which buildings near you are open, and which filed late last cycle
The free borough sample shows ten open 10B buildings with due date, last rating and prior firm. Subscribers see every open building, with late-filing history, owner entity and managing agent.
Sources: 1 RCNY 103-04 (d), Civil Penalties (checked Oct 23, 2026) · NYC DOB, Facade Inspection & Safety Program · NYC Open Data / NYC Department of Buildings, modified. This guide is informational and not legal advice; penalties are imposed by the Department and the OATH/ECB. Not affiliated with the NYC Department of Buildings.