How to File the NYC DEP ACP-5: Investigator, ARTS Portal, Penalties

To complete an NYC DEP ACP-5 filing, hire a DEP-certified asbestos investigator to survey the areas affected by your planned work, then let the investigator submit the Asbestos Assessment Report electronically through the Department of Environmental Protection’s ARTS portal with the $47 filing fee. Building owners cannot file the form themselves. Your job is choosing the right investigator and making sure the survey scope matches every part of the project you intend to permit.¹

Is the ACP-5 the Right Form for Your Project

The ACP-5 is the correct filing when the investigator’s survey produces one of three findings:²

No asbestos-containing material (ACM) in the building or the affected portion.
ACM is present but the planned work will not disturb it.
The work is minor, meaning it will disturb 25 linear feet or less, or 10 square feet or less, of ACM.³

Cross either threshold and the project becomes an “asbestos project,” which requires a different form entirely. The ACP-7 (Asbestos Project Notification) must be submitted at least one week before work begins and carries its own fee schedule.² An ACP-5 filed on a project that actually qualifies as an asbestos project will not pass review.

Projects That Need No Filing at All

Some work is exempt from any asbestos filing. The exemptions cover permits that involve no physical work (zoning lot subdivisions, certificate-of-occupancy changes) and projects that don’t disturb existing building materials. Specific activities on the exempt list include:⁴

Exterior concrete work such as sidewalks and curb cuts, unless waterproofing compound is present
Exterior scaffolding or cranes not anchored to the building
New storefronts in existing masonry openings where the building itself isn’t disturbed
Replacing rooftop air conditioning without modifying ductwork
Sidewalk sheds, fences, and café signs that don’t penetrate building materials
Roadway asphalt, free-standing tents, and temporary structures with only electrical or water connections

If your project is on that list, no investigator or ACP-5 is needed. When in doubt, commission the survey anyway. A missing ACP-5 halts permits and triggers penalties.

Hiring the Certified Investigator

The ACP-5 must be completed, signed, and sealed by someone holding a current NYC DEP asbestos investigator certificate.¹ Confirm the certification is current before the investigator visits the site. The ARTS portal verifies certification status at the moment of filing, and an expired credential will block the submission.

Costs vary widely with building size and complexity, running from a few hundred dollars to several thousand. Get quotes from more than one certified investigator before committing.

What the Site Survey Covers

The investigator walks the areas where construction is planned and collects physical samples of materials likely to contain asbestos: pipe insulation, floor tiles, plaster, ceiling texture, and similar components. Samples go to a laboratory for analysis.

The investigator then maps your planned work against the lab results. This is where projects most often go wrong. If your scope description is vague or doesn’t match what you actually plan to do, the ACP-5 will not cover the real project. Be precise about which walls, ceilings, pipes, and floors will be touched. The investigator also records your property’s Borough, Block, and Lot (BBL) numbers, which tie the filing to the correct building.

Filing Through the ARTS Portal

The investigator submits the ACP-5 electronically through DEP’s Asbestos Reporting and Tracking System (ARTS) at a826-web01.nyc.gov/acp5efile.⁵ Only registered DEP-certified investigators can log in. An investigator new to the portal must download a registration form from the site and complete it before filing.

Inside the portal, the investigator enters certification details, the property’s BBL numbers, lab results for each sampled material, and the exact surveyed locations. Every entry has to line up with the physical sampling results and the construction plans. The investigator then applies an electronic signature attesting to the findings and pays the $47 filing fee by credit card or electronic check.¹

Once payment clears, the system generates the completed ACP-5 with a unique DEP tracking number. The investigator or owner downloads the PDF and includes it in the Department of Buildings permit package. DOB inspectors and plan examiners can verify the filing in real time using the tracking number.

Full Demolitions Require Box 8d

Full building demolitions face a stricter standard. The Department of Buildings will only issue a full demolition permit if the ACP-5 has box 8d checked, certifying that the entire building, not just the work area, is free of asbestos-containing material. Completion certificates from abatement projects (ACP-20 or ACP-21 forms) are not accepted as a substitute for a full demolition permit.² If your building contains any ACM, full abatement must be completed before the investigator can check box 8d.

If Your Scope Changes After Filing

If renovation plans expand after filing to include areas the investigator didn’t survey, the existing ACP-5 no longer covers the project. A new ACP-5 submission is required before DOB will approve any amendment to the construction documents that brings unsurveyed areas into the scope.¹ That means another site visit, more sampling, and another $47 fee.

Plan the full scope before commissioning the survey. Adding a bathroom to a job three months after filing an ACP-5 that only covered the kitchen means starting over for the new area. Surveying everything you might touch in a single visit is cheaper and faster, even when some plans are still tentative.

What a Missing ACP-5 Costs

Starting work without a required ACP-5 carries a $2,400 fine for a first violation under NYC’s Environmental Control Board penalty schedule, or $1,500 if resolved through stipulation. A second violation runs $4,800, with a stipulation amount of $3,000.⁶

The bigger cost is time. The Department of Buildings will not issue construction, alteration, or demolition permits without the environmental clearance the ACP-5 provides. Work performed without permits risks additional DOB violations, stop-work orders, and liability if asbestos is disturbed and workers or occupants are exposed.

1
American Legal Publishing. 15 RCNY 1-22 – Projects Requiring Certification to the Department of Buildings
2
New York City Department of Environmental Protection. Asbestos Abatement Forms
3
American Legal Publishing. 15 RCNY 1-02 – Definitions
4
American Legal Publishing. 15 RCNY 1-23 – Alterations/Renovations/Modifications
5
NYC.gov. Asbestos Control Program – ACP-5 E-File
6
NYC.gov. Air Asbestos Penalty Schedule