Since the late 1980s, the Department of Environmental Protection (DEP) has been monitoring the remediation of asbestos in construction projects across New York City. Understanding the process to properly remediate and cure asbestos concerns is critical to a new construction project. It begins with the hiring of a DEP-certified asbestos investigator to survey a building.

Upon the completion of a building inspection, the inspector will notify you if the building contains asbestos and, if so, how much. When there is less than 10 square feet of asbestos or less than 25 linear feet, an ACP-5 form is submitted to the Department of Buildings (DOB), citing the building as “Not an Asbestos Project.” All asbestos in this project still requires remediation in accordance with relevant laws, but the DEP does not need additional paperwork.

If the amount of asbestos exceeds ten square feet or 25 linear feet, then the project is considered an “Asbestos Project” and requires submission of an ACP-7 form to the DEP. When this happens, the DOB will not release any building permits until they have confirmation of completed remediation in the form of a DEP Asbestos Project Completion Form.

Upon removal of all asbestos, you can file the ACP-21 form, which can be used to file and secure a construction permit for the entire job.

For additional information or a list of DEP-certified asbestos investigators, visit the DEP’s website.

For any additional questions or comments on asbestos statutes and remediation, please contact Milrose Consultants.