Upper East Side block has 3 construction sites and after-hours permits until 10 p.m. Here's how those permits work
Neighbors near East 71st and 72nd streets say drilling starts at 7 a.m. and can run until 10 p.m. and on Saturdays. The city says the work is legal. Here's what an after-hours variance allows and how to check one.

Photo: Eden, Janine and Jim / Wikimedia Commons · CC BY 2.0
- Residents near 301 E. 71st St., 242 E. 71st St. and 252 E. 72nd St. say three construction projects keep them up with drilling and vibrations, amNewYork reported.
- Construction is allowed on weekdays from 7 a.m. to 6 p.m.; anything earlier, later or on weekends needs a Department of Buildings after-hours variance (AHV).
- The builder at 301 E. 71st St. got permits for weeknights until 10 p.m. and Saturdays 9 a.m. to 5 p.m. on 'undue hardship' grounds; the permit expires Nov. 22, according to amNY.
- Speaker Julie Menin's office escalated complaints to the DOB and DEP; the DOB says changing how AHVs are granted would likely take a Council law.
- Anyone can look up active after-hours permits on the DOB's AHV map and report violations through 311.
Residents around East 71st and 72nd streets near Second Avenue on the Upper East Side say three construction projects within feet of each other are making their homes hard to live in, with drilling that starts at 7 a.m. and, under city permits, can run until 10 p.m. on weeknights and on Saturdays, amNewYork reported Tuesday.
The projects are at 301 E. 71st St., 242 E. 71st St. and 252 E. 72nd St. One East 71st Street resident told amNY that her furniture vibrates during heavy drilling and that she wears noise-canceling headphones while crews work. Community Board 8 chair Valerie Mason told the outlet that after-hours permits are "liberally granted" and that doctors in a nearby building have had trouble hearing patients' heartbeats.
What the permits at 301 E. 71st St. allow
According to amNY, the builder at 301 E. 71st St., a roughly 130,000-square-foot building that includes affordable units, got after-hours permits for weeknights from 6 to 10 p.m. and Saturdays from 9 a.m. to 5 p.m., citing "undue hardship" and a tight schedule. The current permit expires Nov. 22 and recommends, but does not require, quiet work after hours, the outlet reported.
A spokesperson for Council Speaker Julie Menin, who represents the area, told amNY her office escalated noise complaints to the Department of Environmental Protection and the Department of Buildings and asked them to review the permits. A DOB spokesperson told amNY that the department evaluates each site independently, and that changing how the permits are granted and enforced would likely need to start with the City Council amending the law. There is no limit on the number of permits in one area, amNY reported.
How after-hours construction permits work
- Normal hours: City law allows construction on weekdays from 7 a.m. to 6 p.m. Work before 7 a.m., after 6 p.m. or on Saturday or Sunday needs an After Hours Variance (AHV) from the Department of Buildings, according to the DOB and the DEP.
- Short windows, renewable: Builders must apply at least two business days ahead, and one application can cover days within a 14-day window. Renewals are allowed for the same days already approved, the DOB says.
- Cost: A filing fee of $130 to $650, depending on the number of days, plus $80 for each after-hours day, according to the DOB's fee page.
- Noise plan: Every construction site needs a noise mitigation plan, and builders seeking after-hours work must have one in place; when they can't fully follow the noise rules, they must file an alternative plan with the DEP and post it at the site, the DEP says. One of the grounds the city accepts is "undue hardship" after-hours work, which has its own DEP form.
How to check a site or complain
- Look up whether a site near you has a valid after-hours permit on the DOB's After Hours Variance map, which shows active permits in real time.
- Report work outside permitted hours, or safety concerns, to 311. The DOB told amNY it has a unit that responds to after-hours construction complaints on nights and weekends; call 911 for emergencies.
- amNewYorkStuck between a rock and a loud place: Upper East Side residents riled by construction cluster
- NYC Department of BuildingsAfter Hours Variances
- NYC Department of BuildingsAHVs Renewal Guidelines & Fees
- NYC Department of BuildingsCheck After Hour Variances
- NYC Department of Environmental ProtectionConstruction Noise Rules & Regulations
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