For many buyers or real estate investors, ensuring that the house or whatever property they are buying is safe and complies with the necessary laws is of utmost concern.
Fortunately, there are rules that sellers of homes must follow when providing information to potential buyers.
This entails possessing a certificate of occupancy, abbreviated C of O in some localities. It functions as a special permit that demonstrates legally that a property is habitable and complies with all zoning and usage restrictions.
In the real estate industry, you hear the term “certificate of occupancy” quite often, whether you are buying or selling property, dealing with any real estate transaction, or in other contexts. But what does it really mean? What is it used for? How do you get it? Do you need it? We are about to find out.
What Is A Certificate Of Occupancy?
A certificate of occupancy (C of O) is a legal document issued by a local government agency or building department to clarify that the house or other residential structure is suitable to live in.
It ensures that the building is safe for human habitation and use and that it has been constructed following the approved plans and permits.
The occupancy certificate is typically issued after a thorough inspection of the property has been completed and any necessary building code violations or safety hazards have been corrected.
The inspection carried out includes the building’s structural, electrical, mechanical, and plumbing systems.
The certificate is typically required by local building codes and regulations, and it is a legal requirement for any building that is intended to be used for residential or commercial purposes.
When a building is constructed or renovated, the owner or developer is required to obtain a couple of permits and approvals from the local building department before beginning the construction.
Once the construction is complete, the building must undergo a final inspection to ensure that it complies with all building codes, zoning laws, and other pertinent criteria. If the building passes the final inspection, the building department will issue an occupancy certificate.
A Certificate of Occupancy typically includes information about the type of building, the building’s address, the name of the owner or developer, the permitted use of the building, and the maximum number of occupants allowed.
It also specifies any special conditions or limitations on the use of the building, such as restrictions on hazardous materials, occupancy limits, or accessibility requirements.
A certificate of occupancy is not a guarantee that the building will remain safe and compliant indefinitely. It is only a certification that the building met the required standards at the time of inspection.
To maintain the building’s safety and compliance, regular inspections and maintenance are necessary.
Who Needs A Certificate Of Occupancy?
To determine if you might need a Certificate of Occupancy, you would need to consider what action you want to take regarding your property. A Certificate of Occupancy is usually required when construction or renovation projects are being undertaken.
Below are some of the most common scenarios where a C of O is needed:
1. New Construction
A C of O is required for any new construction project, whether it is for residential, commercial, or industrial use. When a building is newly constructed, it has never been occupied or otherwise used so it is necessary to clarify that it is habitable.
The C of O ensures that the building has been constructed according to the approved plans and permits and that it meets all building codes and safety standards.
You must determine whether the structure is a residential or commercial building before any construction work starts and get a certificate of occupancy under the type of building being constructed.
2. Change of Use
While it’s necessary to upgrade your space from time to time, new construction typically indicates that all zoning and building regulations have to be followed. Which in turn means your property undergoing an inspection and acquiring a Certificate of occupancy to accommodate whatever changes were made to the building.
For instance, if a property owner is changing the use of a building from a residential property into a commercial property or vice versa, a C of O is required. This ensures that the building has been modified to meet the requirements of the new use and is safe for occupancy.
3. Tenant Improvements
For a residential property being used as a rental property, it is not uncommon for tenants to want to make certain changes to the property.
If a tenant is making significant changes or improvements to a leased space, such as adding walls or changing the layout, an occupancy certificate may be required before they can occupy the space.
4. Sale or Refinance
In some jurisdictions, a C of O may be required before a property can be sold or refinanced. This ensures that the building is up to code and safe for occupancy.
It’s possible to sell a property without a certificate of occupancy but buyers must have one before continuing with the mortgage application procedure. However, in a house sale transaction, the expense of obtaining the certificate is borne by the seller.
You can ask for a certificate for any properties you want to purchase if the seller does not provide one automatically.
If a property owner is making significant renovations to an existing building, a certificate of occupancy may be required. This ensures that the building has been modified to meet the requirements of the new construction and is safe for occupancy.
6. Special Use Buildings
Certain types of buildings, such as schools, hospitals, and other public facilities, may require a C of O to ensure that they meet specific safety and accessibility standards.
Significance Or Uses Of A Certificate Of Occupancy
To complete the sale of a property, a certificate of occupancy is frequently necessary. As a result, a C of O is necessary if you’re developing a new property. You risk paying a fine each time work is done on your property or when it is occupied without a valid certificate.
An occupancy certificate serves 3 major purposes:
- Ensures the building’s safety:
The C of O makes sure that the residence or building is secure, which is essential to attracting new tenants. Without thorough documentation demonstrating the space is safe to work or live in and that everything complies with regulations, no one is likely to rent from you.
- Serves as evidence of inspection:
The certificate serves as evidence that your property has been inspected and complies with current housing and building codes. You want the seller to have such certification as the buyer so that you’re less likely to incur significant repair expenses.
- Indication of use and type of property:
This describes the property’s precise legal use and kind, such as whether it is zoned for residential, commercial, industrial, retail, or mixed-use uses. It also identifies the property’s zoning classification. It guarantees that the property is being utilized properly.
- Verification that the property is fit for occupancy:
This verifies that the property complies with the rules and regulations established by your municipality and that the building is suitable for occupancy. The property cannot be lawfully occupied without a C of O.
In addition to verifying the safety and suitability of a property, a C of O can be a valuable asset for property owners and buyers.
A valid C of O can help to increase the value of a property by providing assurance to potential buyers or tenants that the property has been inspected and is safe for occupancy. A C of O can also help to protect property owners from legal liability in the event of accidents or injuries on the property.
How To Obtain A Certificate Of Occupancy
Depending on the local government organization or building department in charge of enforcing construction and safety rules in your area, the procedure for getting a certificate of occupancy may differ.
For instance, the rules governing certificates of occupancy in New York City are an exception to the standards for the majority of areas. The C of O application process does, however, often entail a few standard procedures.
1. Determine If A Certificate Of Occupancy Is Required
The first step to obtaining a certificate of occupancy is determining if you actually need one. This may depend on the type of property, the location, and the local regulations. In most cases, a C of O is required for new construction, major renovations, and changes in property use or occupancy.
2. Submit An Application
Once you have determined that a C of O is required, you will need to submit an application to the appropriate government agency or building department.
The application will typically require information about the property, such as the address, property use, and any relevant permits or inspections that have already been completed.
You can contact your neighborhood building or zoning inspection office to find out what paperwork is required. Most of the time, you can easily get the details on your local government’s website.
3. Schedule An Inspection
You will be scheduled for an inspection with your local building department after submitting your application.
To ensure that the property complies with all relevant construction rules, safety requirements, and zoning laws, an inspector will pay a visit to your property.
The inspection usually covers areas such as electricity, plumbing, HVAC systems, and other basic utilities as well as any structural components.
4. Correct any violations
After the inspection is complete, you will receive a report outlining the specifics of your property and whether your property meets the requirements of the inspection. If it does, you will be given the certificate, and you are free to sell the property.
If you do not meet the requirement, you will be given a list of concerns that must be resolved in a certain amount of time before the sale can go through. After making the repairs, you will have to schedule another inspection.
5. Final inspection and issuance of C of O
You will be given your certificate of occupancy if the inspector finds that the building is secure and fit for habitation after the final inspection.
The certificate of occupancy will typically include information about the property, such as the address, the property use, and any conditions or restrictions that apply.
Frequently Asked Questions
How Much Does It Cost To Obtain A Certificate Of Occupancy?
The cost of obtaining a certificate of occupancy can vary widely depending on several factors, such as the location of the property, the type of property, the size of the property, and the complexity of the inspection process. Overall, the cost of obtaining a C of O is about a few hundred dollars to several thousand dollars. However, it is important to check with your local government agency or building department to determine the specific fees and costs associated with the C of O process in your area.
How Long Does It Take To Get A Certificate Of Occupancy?
The whole process of getting a certificate of occupancy takes about 20 days to a month depending on certain factors such as the location of the property, the complexity of the inspection process, and any necessary corrections that need to be made before the C of O can be issued.
Does A Certificate Of Occupancy Expire?
In general, a certificate of occupancy does not expire. Once a C of O is issued, it is valid for the duration of the time that the property is being used for its intended purpose and there are no major changes made to the property or the use of the property. However, some local government agencies or building departments may require periodic inspections or updates to the C of O in order to ensure that the property is still in compliance with building codes, safety regulations, and zoning laws.
In conclusion, a certificate of occupancy is an important document for property owners, buyers, and renters. It can be quite tedious and time-consuming to obtain this certificate, but once you get it it is worth it.
It provides assurance that a building or structure is in compliance with all relevant safety and building code standards and is safe for habitation. Obtaining a C of O can also help to increase the value of a property and protect property owners from legal liability.