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Southampton Village, NY Building Safety: Green Building Code (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Southampton Village Code § 43-12
Effective date
July 1, 2010
Rating up to 3,500 sq ft
Minimum home energy rating of 84
Rating over 6,500 sq ft
Minimum home energy rating of 93
Before building permit
Certificate from a certified HERS rater
Appeals
Energy Appeals Board, decision within 45 days

Summary

Since July 1, 2010, any new or substantially reconstructed one-, two- or multifamily dwelling in the Village of Southampton must meet the LIPA New York Energy Star-Labeled Home Program. The required home energy rating climbs from 84 to 93 as conditioned space grows, and a HERS rater's certificate is needed before the building permit.

A. Requirements. ... Effective July 1, 2010, any new or substantially reconstructed subject dwelling shall be built to comply with the Long Island Power Authority (LIPA) New York Energy Star®-Labeled Home Program in accordance with the requirements contained herein: (1) Dwellings up to 3,500 square feet. Dwellings with up to 3,500 square feet of conditioned space shall achieve a minimum home energy rating of 84 ... (2) Dwellings between 3,501 and 4,500 square feet. Dwellings with between 3,501 and 4,500 square feet of conditioned space shall achieve a minimum home energy rating of 87 ... (3) Dwellings between 4,501 and 6,500 square feet. Dwellings with between 4,501 and 6,500 square feet of conditioned space shall achieve a minimum home energy rating of 90 ... (4) Dwellings over 6,500 square feet. Dwellings with over 6,500 square feet of conditioned space shall achieve a minimum home energy rating of 93

Full Breakdown

Article III of Chapter 43 sets the Village of Southampton's sustainable building regulations. Under § 43-12, a subject dwelling is any one- or two-family or multifamily dwelling, including townhouses, of not more than three stories. Substantial reconstruction means removing and replacing ceiling and interior finishes that expose exterior framing and more than 50% of windows, exterior doors or HVAC. The minimum home energy rating is 84 for up to 3,500 square feet of conditioned space, 87 for 3,501 to 4,500, 90 for 4,501 to 6,500, and 93 above 6,500.

Before a building permit issues, the applicant submits a certificate from a certified HERS rater that the design earned the tentative rating. Before a certificate of occupancy, the applicant must obtain a home energy rating certificate showing compliance, including performance and field testing verifications. The owner of a historic structure can seek a waiver from the Board of Architectural Review and Historic Preservation, and an owner facing site or design difficulties can apply to the Building Inspector for a downgraded rating. Appeals go to the Energy Appeals Board, made up of the Village Engineer and two Board of Trustees members, which must issue a written decision within 45 days.

Section 43-13 requires new commercial and municipal buildings to meet "designed to Energy Star" requirements, certified by the architect. Section 43-14 refunds 0.25% of the cost of construction when a project achieves LEED or ICC 700 certification.

Violations & Fines

Article III has no penalty section of its own, so a violation falls under § 1-17: a fine up to $2,000, up to 15 days in jail, or both, with each day of a continuing violation a separate offense. The practical enforcement is at the counter: no building permit without the HERS rater's certificate, and no certificate of occupancy without the home energy rating certificate.

Frequently Asked Questions

What energy standard must a new house meet in the Village of Southampton?
Any new or substantially reconstructed subject dwelling must comply with the Long Island Power Authority New York Energy Star-Labeled Home Program. The minimum home energy rating is 84, 87, 90 or 93, depending on whether the conditioned space is up to 3,500, up to 4,500, up to 6,500 or over 6,500 square feet.
What paperwork is required before the permit and the certificate of occupancy?
Before the building permit, the applicant submits a certificate from a certified HERS rater that the design received the tentative home energy rating score. Before the certificate of occupancy, the applicant obtains a home energy rating certificate showing compliance, including all performance and field testing verifications.
Can a historic house get a waiver from the Energy Star rule?
Yes. The owner applies to the Board of Architectural Review and Historic Preservation, which must grant the waiver if the owner shows that compliance would adversely affect the structure's historical nature and no practicable alternative preserves its historical significance.
Is there a green building incentive in the Village of Southampton?
Section 43-14 encourages LEED certification and, for residential projects, ICC 700 certification. When a new or substantially reconstructed dwelling or a new commercial building achieves certification and receives a certificate of occupancy, the owner is eligible for a refund equal to 0.25% of the cost of construction.

Sources & Official References

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