Understanding New York’s Updated RPAPL § 881
New York has officially amended the Real Property Actions and Proceedings Law § 881, reshaping how homeowners and developers obtain access to a neighbor’s property for construction and repairs. The amendment, signed in December 2025 by Governor Hochul, brings long needed structure to a process that was often unpredictable and frustrating. The updated § 881 aims to reduce conflict and streamline a process that affects thousands of New Yorkers each year.
To understand why lawmakers updated the statute, it helps to remember how limited the old version was. The prior version of § 881 consisted of only a few sentences, leaving courts to fill in the gaps. That meant inconsistent rulings, stalled projects, and neighbors locked in disputes over scaffolding, façade work, and safety related repairs. The new statute codifies decades of case law and creates a clearer, more predictable framework.
Key Changes Under the New § 881:
1. Silence Counts as a Refusal. If a neighbor doesn’t respond to more than one written notice within 60 days, the law treats the silence as a refusal. This allows the requesting owner to seek court-mandated access without waiting indefinitely.
2. Clearer List of Permitted Work. The statute now specifically lists for the purposes for which access may be granted. This includes preconstruction surveys, scaffolding and sidewalk sheds, protective netting, monitoring equipment, temporary airspace use, and even certain permanent encroachments like tiebacks and underpinning.
3. Compensation Is Now Mandatory. Neighbors are entitled to reasonable compensation for loss of use, loss of enjoyment, and temporary impact on property value caused by the entry.
4. More Documentation Required. Before entering a neighbor’s property, the requesting party must provide advance written notice, projected timelines, plans and engineering documents, and liability insurance naming the neighbor as an additional insured. This required documentation helps prevent “surprise” construction.
5. Attorney’s Fees Are Limited. Courts may award fees only when a party acts in bad faith.
6. Tenants Must Be Included. If the adjoining property is rented, the tenants must be named in the proceeding so they receive notice and can protect their interests.
For property owners, the changes offer clearer protections and expectations. If your neighbor requests access, you are entitled to documentation, insurance coverage, and reasonable compensation. If you are the one seeking access, you now have a more predictable path forward, especially when a neighbor refuses to respond.
If you are affected by RPAPL § 881 or have legal concerns about real estate, our team is here to help. Visit www.scolnicklaw.com or contact us at (718) 554-6445 to learn more.
References:
https://www.nysenate.gov/legislation/bills/2025/S3799/amendment/original
This blog post is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this post in any way seems to contradict the advice of counsel, counsel’s opinion should control over anything written herein. No attorney-client relationship is implied by this blog.
