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Re: Bought A Home Without the Certificate of Occupancy - Landlord Forum thread 140822

Re: Bought A Home Without the Certificate of Occupancy by MyPropertyMyRules (NYC) on May 28, 2007 @07:17

                              
From the Department of Buildings Website -

About Certificates of Occupancy
A Certificate of Occupancy (CO) documents the legal use and/or occupancy of a building. If planned construction will create a new building, or will result in a change of use, egress, or occupancy for an existing building, a new or amended Certificate of Occupancy is necessary.

A FINAL CERTIFICATE OF OCCUPANCY WILL BE ISSUED WHEN THE COMPLETED WORK COMPLIES WITH THE SUBMITTED PLANS AND APPLICABLE LAWS, All paperwork is completed, all necessary approvals have been obtained from other appropriate City agencies, all fees owed to the Department are paid, AND ALL RELEVANT VIOLATIONS ARE RESOLVED.

A NEW BUILDING CANNOT BE LEGALLY OCCUPIED UNTIL EITHER A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED.


To Obtain a Copy of a CO
To obtain a copy of a CO, visit the Department’s Customer Service Counter in your borough office or log on to the Building Information System (http://nyc.gov/bis). Select the "Enter BIS" button, type in an address, then click the "View Certificates of Occupancy" link on the Property Profile screen.


Checking the Status of a CO
Our website has a step by step guide
(http://www.nyc.gov/html/dob/downloads/pdf/
bis_web_ref_co.pdf)

Checking the Status of a CO
Our website has a step by step guide (http://www.nyc.gov/html/dob/downloads/pdf/
bis_web_ref_co.pdf) that you can use to:

Check the status of a CO
View the outstanding requirements to obtain a final CO
View the inspection history of work performed
Review specific work orders
Buildings built before 1938 are not required to have a CO.

If a building was constructed before 1938 and there has been no change in use or additions to the property, it may not have a CO.

If you require proof of the legal use of a building that does not have a CO, you must obtain a "Letter of No Objection" from the Department of Buildings' borough office where the property is located.

What is a Temporary Certificate of Occupancy (TCO)?
A TCO has an expiration date, usually 90 days after its date of issuance. This means that while the Buildings Department has determined that the house or apartment building is safe to occupy, the approval is only temporary and is subject to expiration.

Homeowner Tips: The Department strongly recommends that you negotiate a closing based on a final CO, not a TCO. If you purchase a co-op, condo or house that has a TCO, you should consult a licensed architect or engineer to determine what work has to be done in order for the building to receive a final CO. Once you purchase a property, you, as the owner, have the legal obligation to make sure that the building obtains a final CO documenting its compliance with the Building Code and the Zoning Resolution. Because this is your responsibility, you should ask your attorney to obtain written assurance and sufficient escrow from the seller/developer to ensure that the developer actually finishes any outstanding work and obtains the final CO in a timely manner.

Print this Certificates of Occupancy Fact Sheet (120 kb).

Important Note: If a TCO expires and is not renewed, a new buyer may find it difficult or impossible to renew homeowner's insurance policies or to sell or refinance the new home.

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