1. Will Existing Land Use Approvals Support Your Plans?
A seller may say the property is ready for your plans, but prior approvals can be narrower. Check their scope and conditions before relying on that promise.
Do Prior Approvals Cover the New Proposal?
An earlier decision may apply to a specific design or use. Review:
- Approval scope: Identify the site, permitted work, and approved use.
- Conditions: Check restrictions, required improvements, and unresolved obligations.
- Proposed changes: Identify work that may require another agency decision.
A revised design may need fresh agency review.
Which Records Confirm the Promised Rights?
The purchase agreement or lease may describe rights that the records do not establish.
- Easements, restrictions, surveys, and title documents.
- Approved plans, permits, resolutions, and relevant agency correspondence.
- Contract statements about development rights, approval costs, and deadlines.
The broader land use and zoning practice addresses district rules and development limits.
2. Does the Project Require a Discretionary Decision?
Some projects comply with existing land use rules but still need building permits. Others need a discretionary decision before work can proceed.
How Do the Approval Paths Differ?
The approval route changes what the applicant must establish.
| Project Path | What to Check |
|---|---|
| As-of-right | Compliance with existing zoning and applicable permit requirements |
| Discretionary approval | Required findings, public review, and possible approval conditions |
| Zoning map change | City Planning review and applicable legislative action |
As-of-right
- What to CheckCompliance with existing zoning and applicable permit requirements
Discretionary approval
- What to CheckRequired findings, public review, and possible approval conditions
Zoning map change
- What to CheckCity Planning review and applicable legislative action
A DOB building permit cannot substitute for a required discretionary land use approval.
Which City Review Process Applies?
ULURP covers specified land use actions, not every permit or agency decision.
- DCP and CPC: DCP processes applications; CPC makes specified land use decisions.
- ULURP: Applies to designated actions under NYC Charter § 197-c, including zoning map changes.
- City Council: Reviews specified CPC decisions under Charter § 197-d.
For application-specific requirements, see land use permits in New York.
3. Could Environmental Review Affect the Deal?
An environmental review may add studies or mitigation before an agency acts. Completing that review does not authorize construction.
When Do CEQR and SEQRA Apply?
New York’s SEQRA governs covered government actions; CEQR implements those requirements for city agencies.
- City action: Determine whether a discretionary decision needs review or qualifies for an exemption.
- Environmental assessment: An EAS helps determine whether further impact analysis is needed.
- Federal action: NEPA may separately apply to qualifying federal permits, funding, or projects.
Ministerial building permits ordinarily do not trigger CEQR.
How Can Findings Affect Project Terms?
An environmental impact statement examines impacts, alternatives, and mitigation. Ask:
- Is the proposed action awaiting an environmental determination?
- Could mitigation or design changes alter the budget or premises?
- Who must supply studies or satisfy conditions imposed with approval?
Certain housing actions may qualify for environmental-review exemptions, depending on the rules.
4. Who Pays If a Land Use Approval Changes?
A pending application does not, by itself, postpone closing or rent. Contract terms determine who bears delays, redesign costs, and other approval risks.
Which Contract Terms Allocate Approval Risk?
An approval contingency should identify the decisions that must occur before a party is obligated to proceed.
- Conditions: Specify which approvals must be obtained before closing or occupancy.
- Responsibility: Assign application costs, consultant work, and cooperation duties.
- Exit rights: State what happens if approval is delayed, conditioned, or refused.
A commercial lease review can address how these risks are allocated between landlord and tenant.
What If Approval Changes the Original Plan?
An agency may approve a project only with changes that affect its cost or usable space. Check:
- Whether revised plans remain acceptable under the agreement.
- Who pays for required changes and ongoing compliance.
- Whether agreed deadlines or termination rights are triggered.
Compare the written decision with the agreement before accepting revised terms.
5. What If the Parties Disagree about Existing Land Use Rights?
A disagreement may concern an agency approval, an easement, or a promise in the contract. Each calls for a different legal analysis.
What Evidence Helps Resolve the Disagreement?
Match each disputed right to the document that supports it.
- Obtain the approval resolution, filed plans, and subsequent amendments.
- Compare title documents, easements, and contractual representations.
- Preserve notices, meeting records, and written agency responses.
A seller’s assurance cannot enlarge an agency approval.
When Might a Court Proceeding Be Appropriate?
A challenge to an agency decision follows different procedures from a claim against a seller or landlord.
- Identify the actual decision or promise being challenged.
- Check whether administrative review must precede judicial review.
- Evaluate the claim, available remedy, and applicable filing period.
CPLR Article 78 may review certain final agency actions, generally within four months under CPLR § 217(1). Other claims differ.
6. Frequently Asked Questions
How is a land use attorney different from a real estate attorney?
Land use attorneys focus on governmental restrictions and approvals. Real estate attorneys often handle title, transactions, and leases; the work may overlap.
What are six common types of land use?
Residential, commercial, industrial, agricultural, recreational, and institutional are common descriptions, not six official NYC zoning districts.
What type of attorney handles a land dispute?
Real estate litigation attorneys often address title or boundary disputes; land use attorneys focus on regulatory decisions. Easement issues may involve either.
How much does a real estate attorney cost in New York?
Fees vary with the transaction and scope. Ask whether the quote includes title review, land use research, agency filings, and negotiations.
7. Discuss Property and Approval Risks with SJKP
SJKP’s attorneys can compare land use decisions, approval conditions, and contract terms to assess available options.
Contact SJKP with your proposed plans, agency decisions, and agreement to discuss a document-based review before the next commitment.
13 May, 2026
