Certificate of Occupancy – explanation

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The most important document which certifies the legal use of a building is the Certificate of Occupancy (CO). It is issued by the Department of Buildings and describes how a building may be occupied (one or two family house, or multiple dwelling, or a store). A CO is usually required when selling a home or refinancing a mortgage.
The Importance of Certificate of Occupancy.
A valid Certificate of Occupancy is required for all recent or new buildings in NYC. It identifies characteristics that are specific to the property such as use group, room count and other important information. Obtaining CO can be a complicated & lengthy process. The expeditor can help review your project to determine if changes to the CO are required in an expedient manner.
Certificate of occupancy in many places has to be reapplied for with every new owner. In NYC the certificate of occupancy once issued is usually not recalled. If one wants to change a certificate of occupancy it is possible but not easily done.
A Certificate of Occupancy (CO) is a legal document that verifies a building’s use, occupancy, and other attributes. It serves as a “birth certificate” for a building, allowing anyone to understand the structure’s intended use and confirming that it meets minimum safety standards at the time of construction. In New York City, most buildings now have a CO, but this wasn’t always the case. The evolution of occupancy regulations in NYC occurred as follows:
- Pre-1850s: Minimal occupancy rules existed.
- 1850s: Health and occupancy rules were introduced in the city charter.
- 1899: NYC first introduced the concept of occupancy in the building code.
- 1902: A certificate of compliance requirement was set in the tenement law.
- 1916: The first requirement for a certificate of occupancy was introduced.
- 1938: CO requirement was solidified for all new buildings.
- 1961: COs were updated to include zoning information.
- 2022: COs became living documents in DOBNOWBUILD.
Today, the CO is crucial for building use and compliance. Without it, you cannot legally occupy a building.
Obtaining a Certificate of Occupancy
The process for obtaining a CO depends on your situation:
- Existing buildings built after 1938: Obtain a copy from the local Department of Buildings office for a small fee.
- Buildings with CO-related violations: “Legalize” the building by either obtaining a new CO or reverting to the original use. This process requires licensed professionals and can be lengthy and costly.
- New construction or major alterations: Meet current building codes, which are updated every 4 years. Licensed professionals are necessary for this process.
- Buildings built before 1938: May not have a CO. In this case, obtain a “letter of no objection” from the Department of Buildings, which reviews records and issues a statement allowing the building to be used as originally designed and built. No licensed professionals are required for this review.
Remember that the CO is a critical document for building use and compliance. It’s essential to ensure your building’s use aligns with its CO to avoid potential legal issues or fines.
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