A Certificate of Occupancy (CO) is a key legal document that defines the layout, limits of legal occupancy, and permissible use of a building. It is also an important document that could make or break a closing deal when the building is up for sale.
In NYC, a CO is required for new buildings while existing buildings should have an amended or up-to-date CO if renovations or changes were made on the occupancy limit, use, or exits of the building.
Some of these changes include, but are not limited to:
- Change of commercial space use, i.e. converting a restaurant into a laundromat;
- Increasing the number of units in an apartment by subdividing; or
- Layout changes that would affect building exits, i.e. corridors, elevators, stairs, or fire escapes.
Two Types of CO
1. Temporary CO (TCO) – issued by the Department of Building (DOB) for a building that is deemed safe for occupation; but it requires permits or additional work to be qualified for a final CO.
The application and procurement of a TCO generally take about six (6) months or more after work completion. Once issued, it is valid for 90 days from the issuance date.
Buildings that are still under construction but have partially finished units found safe for occupancy by the DOB inspector may be granted a TCO. It is important to note that as long as there is on-going construction, the TCO can be continuously renewed. Non-renewal of a TCO may cause problems for the owner when applying for a Final CO (FCO).
To obtain a TCO, the owner must have the NYC DOB inspector signoff on the following:
- Temporary electrical
- Temporary construction
- Signoff for temporary elevator
- Signoff for temporary plumbing
2. FCO – is in effect until renovations are made on the building such as changes in the use, occupancy limit, or building exits.
An FCO serves as the owner’s proof that the building complies with all the applicable construction regulations; that all legal paperwork has been completed; and NYC DOB fees have been paid.
Owners who currently possess a TCO for their building should make sure that all open permit applications and violations are resolved, across all their properties, before applying for an FCO to avoid problems with their application.
The application and procurement of an FCO generally take about twelve (12) months or more due to the strict requirements.
CO Exemption
A CO, however, is not required for buildings that were constructed prior to 1938. Owners who own buildings that have never had any changes made to their exits, occupancy limit, or use are advised to contact the DOB to request a Letter of No Objection, which is proof that the building is exempted from the required CO.
Legal / Expert Assistance
The rule for CO can be quite confusing for some, which is why experts agree that the best step to move forward would be to consult the DOB for any plans before starting on the renovations or construction. They are the best resource person(s) to advice owners on the steps and processes need to guarantee a successful attainment of the building’s CO.
Should you need any assistance with regards to your CO, whether it’s to update your CO, get a new one issued for your property or if you need help figuring out if you actually need to amend your existing CO, then do not hesitate to contact us via email or phone and we will be glad to assist you.