logo

When is an ACP 5 Form Required in NYC?

Shayan • June 11, 2025

An ACP 5 form is fundamentally required whenever you undertake renovation, alteration, modification, or demolition work in a building constructed before April 1, 1987, and that work necessitates a permit from the New York City Department of Buildings (DOB).


This core requirement applies to a broad spectrum of individuals and entities, including homeowners, contractors, developers, architects, and anyone else planning to disturb existing building materials in an older structure within the five boroughs. The overarching purpose of the ACP 5 is to formally declare that your proposed project will not disturb friable asbestos-containing materials (ACMs), or if ACMs are indeed present, that they will remain safely undisturbed throughout the scope of work.


Why Asbestos Regulations are Strict in NYC


New York City's built environment boasts a rich history, with a significant portion of its structures predating 1987. This year is a critical demarcation because it generally marks the period when asbestos was widely used in construction due to its remarkable properties, such as fire resistance and insulation. However, it's now well-established that disturbing asbestos can release microscopic fibers into the air, leading to severe and often fatal health conditions like lung cancer, mesothelioma, and asbestosis.


To safeguard the health of construction workers, building occupants, and the general public, the New York City Department of Environmental Protection (DEP) and the Department of Buildings (DOB) have implemented stringent regulations. The ACP 5 form is a cornerstone of this regulatory framework, acting as a crucial preliminary step before many construction projects can even begin.

Asbestos assessment

Key Scenarios Where an ACP 5 is Mandatory


Let's delve into the specific scenarios that most frequently trigger the need to file an ACP 5:


  • Any Construction Project Requiring a DOB Permit in a Pre-1987 Building: This is the most pervasive trigger. If your project, regardless of its perceived size or complexity, requires a work permit from the NYC DOB, and the building in question was constructed before April 1, 1987, then an asbestos survey must be conducted. This survey will then dictate the necessity of an ACP 5. This includes a wide array of projects, from seemingly minor updates like plumbing or electrical system upgrades to more extensive structural changes or interior demolition.
  • Renovations and Alterations of Existing Spaces: Even if you're not planning a full-scale demolition, many renovation and alteration projects in older buildings will necessitate an ACP 5. This includes, but is not limited to, replacing drywall, flooring (especially vinyl asbestos tile), ceiling tiles, insulation (like pipe lagging or attic insulation), plaster, or disturbing caulking around windows and doors. Any activity that involves breaking, cutting, drilling, or otherwise disturbing these types of materials within a pre-1987 structure can potentially release asbestos fibers.
  • Partial or Full Demolition Work: All demolition projects, whether it's removing a single interior wall or an entire building, in structures built before April 1, 1987, unequivocally require an asbestos survey. Based on the survey findings, an ACP 5 form will be issued if no asbestos will be disturbed, or an ACP 7 form will be required if abatement of asbestos-containing materials is necessary prior to demolition.
  • Projects Where Asbestos is Identified but Will Remain Undisturbed: It's important to note that the presence of asbestos in a building doesn't automatically mean it needs to be removed. If an asbestos survey identifies ACMs in your building, but your proposed scope of work explicitly avoids disturbing these materials, a DEP-certified asbestos investigator can issue an ACP 5 form. This document certifies that, given the project plan, the asbestos will remain safely encapsulated and undisturbed.
  • Pre-Purchase or Due Diligence Asbestos Assessments: While not directly linked to obtaining a DOB permit for new construction work, an ACP 5 might be sought during real estate transactions involving older buildings. Savvy buyers or developers often request such assessments to understand potential asbestos liabilities for future renovations or redevelopment, ensuring a smoother and more informed transaction.


In essence, if your project involves physically interacting with or changing any existing building material in an NYC structure built before April 1, 1987, and you require a permit from the Department of Buildings, securing an ACP 5 form is a critical and legally mandated step. It's not merely a piece of paper; it's a fundamental element for ensuring compliance, safeguarding worker health, and protecting the wider public.

Navigating these regulations can be complex, and ensuring proper documentation is key. We offer comprehensive ACP 5 form services, providing the expertise and certified investigations needed to help you navigate these essential NYC environmental regulations efficiently.

What Does Lead Paint Look Like?

By Shayan Nadeem • December 10, 2025
Lead paint usually looks like old, thick, cracking paint that may peel in “scales” or chips, but you cannot know for sure just by looking at it and should rely on testing to confirm it. According to JSE Labs , it often shows “alligatoring,” a scaly crack pattern, along with chalky residue. It is most common in homes built before 1978 and is dangerous mainly when it is damaged and creating dust or chips that people, especially children, can breathe in or swallow.​ What is lead paint? Lead paint is regular paint that has lead added to it to make it more durable and to help colors last longer. According to Wikipedia, it was widely used on walls, trim, doors, windows, and even exterior surfaces until it was banned for residential use in the United States in 1978 because lead is a powerful toxin that harms the brain and other organs. The CDC notes that lead dust and chips are especially risky for babies, young children, and pregnant women because they can cause serious long-term health problems.​ What does lead paint look like? Lead paint can be almost any color and can have different finishes, from dull and flat to thick and glossy, so color alone is not a clue. One environmental testing guide explains that older lead paint often ages poorly and may show “alligatoring,” which means the surface cracks in a pattern that looks like reptile scales, along with peeling, chipping, and a chalky residue when rubbed. However, newer non-lead paint can also crack and peel, so appearance can only suggest risk, not prove it.​​

Can You Paint Over Lead-Based Paint? The Safe Guide to Encapsulation

By Shayan Nadeem • November 18, 2025
For homeowners and property managers of older buildings, the presence of lead-based paint is a common concern. Built before 1978, these charming properties often contain this toxic hazard, leading to one of the most frequently asked questions in environmental safety: Can you paint over lead-based paint? The short answer is yes, but only if you follow a specialized process called encapsulation. Simply applying a coat of regular house paint will not eliminate the hazard and can create a false sense of security. At MJC Environment LLC , we believe that education and safety are paramount when dealing with lead hazards . Here is your informative guide to safely addressing lead paint through encapsulation. What is Encapsulation and Why is Regular Paint Not Enough? Encapsulation is an EPA-approved method of lead hazard control that involves applying a specialized, thick, and durable coating—known as a lead encapsulant —over the existing lead-based paint. This creates a protective, non-permeable barrier that seals the lead paint to the surface, preventing lead dust and chips from becoming airborne or accessible. Regular, off-the-shelf house paint is designed for aesthetics, not for lead abatement. It is too thin, lacks the necessary binding agents, and will eventually chip, crack, or peel, exposing the toxic lead-based paint underneath. This release of lead dust is the primary source of lead poisoning, especially in young children. Encapsulation is the only painting-related technique that provides a reliable, long-term seal. Key Considerations: When Can You Encapsulate? While encapsulation is a cost-effective and low-disruption method, it is not suitable for all surfaces. Before considering this option, you must inspect the condition of the existing paint. Encapsulation is a Viable Solution Only If: The Lead Paint is Stable and Intact: The paint must be in good condition, meaning there is absolutely no peeling, chipping, flaking, or significant cracking. Encapsulant paint must bond firmly to a sound surface. The Surface is Low-Friction: Encapsulation is not recommended for high-wear areas that experience friction or impact, such as: Window sills, sashes, and door frames Floors and stair treads Surfaces that rub together (like drawers or certain moldings) If the paint is already peeling or on a high-friction surface, the encapsulant will eventually fail, and lead dust will be released. In these scenarios, complete removal or replacement of the component may be necessary.
How Much Is a Lead Paint Inspection

How Much Is a Lead Paint Inspection? Everything You Need to Know

By Shayan Nadeem • October 15, 2025
Lead paint inspections in 2025 generally cost $300 to $700, with NYC prices ranging between $400 and $740. Larger or commercial properties may exceed $1,000.