Stuck Waiting on a Neighbor’s Permission? That May Soon Change

I’ve talked before about navigating renovations, managing building policies, and even negotiating with neighbors—but one question that’s come up repeatedly over the years is … What happens when your neighbor won’t grant you access for a project?

Whether you're installing scaffolding, inspecting a shared wall, or making rooftop repairs, chances are you’ll need temporary access to a neighboring property. And while these situations have become more common over the years, the legal framework around them hasn’t kept pace—leaving many owners stuck in limbo. That’s finally starting to change.

Governor Hochul is expected to sign a bill that updates New York’s Real Property Actions and Proceedings Law (RPAPL), adding clarity, structure—and a little bit of teeth—to a process that’s often been vague at best. If you’ve never had to deal with this, consider yourself lucky. If you have, you’ll understand why this update matters.

Here’s what’s changing:

1.   Silence is now considered a “no.”If you reach out to a neighbor with an access request and don’t hear back within a “commercially reasonable” time, that non-response can now be treated as a formal refusal. That’s a major shift—previously, silence could drag on for months without consequence.

2.   You’ll need to come prepared.Property owners requesting access must now submit detailed plans, timelines, and insurance documentation. If you’re the one asking for access, this ensures you’re coming in with everything in order. If you’re on the receiving end, it provides important protections.

3.   Compensation is no longer a guessing game.The new law makes clear that compensation is required when using someone else’s property—and the terms should be fair, not inflated or punitive. Legal and professional review fees may also be recoverable if a neighbor delays or negotiates in bad faith.

So what does this mean in practice? In the past, access negotiations could easily get stuck. There were no standard rules for fees or timelines. Some neighbors demanded thousands of dollars per month or imposed steep penalties for delays. And if talks broke down, going to court could take years

Now, there’s a framework that encourages both sides to move forward—faster, and on fairer terms.

For co-op and condo boards, this is a good time to revisit internal protocols. Set clear response timelines for incoming requests. And if you’re planning a project that might require access to a neighboring building, involve your legal team early to get documents and insurance in order.

The goal isn’t to create tension between neighbors—it’s to give everyone more certainty, clarity, and fewer delays. And if you’ve ever seen a project stalled over a single unanswered email, you know how valuable that can be.

The legislature approved the bill in June 2025, and it’s poised to take effect once Governor Hochul signs it. We don’t know the exact date yet, but it’s worth getting familiar with the new framework now—especially if you’re in the early stages of planning a building project.

Because in New York City real estate, having a good neighbor is great. But having a good agreement in place? Even better.

Serj Markarian