New York lenders and borrowers need to be careful when it comes to a requirement that can add considerable time and cost to development projects. The New York City Department of Building states in SECTION BC 3309 that the unit carrying out construction or demolition work protects adjacent buildings. However, in order to ensure protection, whether it is protection or roof protection, written permission to access neighbouring land must be obtained from the owners of these lands. Many homeowners require a payment to give the developer the necessary access. Of course, financial compensation may be justified if a neighbouring land is negatively affected by a construction project, but most of the time, the owners consider the “access agreement” or “fee” as a chance to obtain a high payment or even a block construction. The licence, whether by agreement or court order, should address issues such as: Combating the problem The obligation to access is adapted to abuses and can be an obstacle to ongoing construction projects. As this issue receives increased attention, we hope that the Department of Construction and the courts will play a role in minimizing the impact by setting limits on what a neighbour can request to access their property. Ultimately, the best way for lenders and developers to avoid risk is to understand how to handle the requirement of access agreements and integrate them into project costs and project execution.  Access to adjacent land is generally not required for the construction of a sidewalk shed – which is required for 20 feet on both sides of a construction project – since the sidewalk in front of the adjacent land to the boundary of the land is the property of the city (unless the adjacent land is naturally reset from the boundary of the land , in this case access to the adjacent land is necessary and, with it, the license, etc.). Lawyer Ronald Francis, with more than 30 years of experience in construction law, represents property owners in the negotiation and development of licensing and access contracts. It has a great understanding of the conflicting interests of any landowner, such as the right of the developing owner to build a new building or renovate an existing building, and the right of the neighbouring owner to move smoothly without disruption or damage. The basic rules are pretty simple. The landowner who needs access – either to fulfill a legal obligation to protect adjacent land during construction, or to make it simpler or less expensive – must obtain a licence from the adjacent owner.