Meeting The Legal Standards: Does Your Property Have A Certificate of Occupancy?

Everyone wants to live in a home or work in a safe and comfortable building. In numerous parts of the United States, regulations exist where information about the property must be disclosed to buyers, and others seeking to occupy the building. In many municipalities, the property must have a certificate of occupancy (often referred to as CO or C of O). In this article, we'll look at all the details concerning a certificate of occupancy, including the information incorporated within the document, who can request a copy, and which organizations are responsible for issuing it.

A Certificate Of Occupancy: What Is It?

The certificate for building occupancy is a lawful document that proves a building, such as a home or an office, is safe to occupy. Along with details such as the name of the owner and the address, the document provides 3 important pieces of information.

Firstly, the document outlines the class of property and its use from a legal perspective. Zoning laws dictate how the property on a piece of land can be used—for instance, commercial, residential, retail, industrial, mixed-use, etc. The document will clarify the property is used as allowed by the law.

Secondly, a certificate of occupancy ensures the property meets the building code specifications. Building codes are the minimum standards on how the heating, plumbing, ventilation, air conditioning, structural systems, and other features should be built and function. If a facility receives a certificate of occupancy, it can safely be assumed these facets are in good order.

Finally, the certificate confirms the building is suitable for occupation. Obtaining a certificate of occupancy ensures all the Municipality's standards are met, and it is safe to use the building for its intended application. For instance, receiving a CO for a retail unit confirms the premises can be used as a shop, or a certification of occupancy for an apartment ensures the building is safe to live in.

When Should You Seek Out A New Certificate Of Occupancy?

Minor improvements or renovations do not require the need to obtain a new certificate of occupation. There are, however, situations where a new certificate of occupancy must be obtained depending on the regulations of the Municipality. These include the following:

• • Undertaking a significant renovation. A new CO is required if major improvements or changes are made to a building (e.g., building an additional room or attaching a new bathroom, etc.). It is in addition to a permit to make the changes in the first instance.
• • Changing the type of property. There are different types of homes: single-family houses, multi-family houses, apartments, etc. Likewise, with non-residential commercial buildings, there are numerous sorts of properties. When the CO was issued, it was likely for a specific purpose. If the owners obtain a permit to convert the building (for example, turning an apartment complex into a single-family home), following the changes, a new certificate of occupancy must be obtained. The new CO will reflect the change that has taken place.
• • New buildings. All brand-new builds or homes require a CO as part of the sale process. A property must go through a thorough CO check if it has never had any occupants. As the property is undergoing a CO check for the first time, it may take longer than older buildings.
• • New occupant or owner. Depending on the Municipality and State, a new certificate of occupancy must be obtained each time the property becomes sold or occupied with a new person (such as a tenant). The owner must check with their local building or zoning authority to ensure compliance is met.

How To Acquire Your Certificate Of Occupancy

Who issues a CO? Usually the building or zoning department of the local Municipality deals with the applications. To obtain a CO, the owner must visit the local Municipality to collect an application form. You can also download applications online. It is possible to have others, such as an agent, act on behalf of the owner.

As part of the application process, you will need to include some or all of these documents stated below:

• • Project Commencement Certificate,
• • Project Completion Certificate,
• • Pollution and Fire Certificates,
• • Plan for construction approval,
• • No Objection Certificate (NOC),
• • Calculation of floor area sheet,
• • Building's approved plan,
• • Photograph of the building after completion,
• • Photos of solar panels or rainwater harvesting,
• • Tax assessment and property tax receipt.

Usually, after the submission of the paperwork, the Municipality will send an inspector to examine the various components of the building. They will probe into the various aspects of the building, such as the electricals, plumbing, mechanical systems, fire safety, and a general inspection of the building.

Once the review is complete, you will receive a copy of the CO stating whether the building passed or failed the examination. You can expect to receive the CO within 2 weeks, but the exact timing depends on your locality (often it is quicker).

If the property passes the inspection, the owner is free to sell it, rent it to tenants, or continue to occupy the building, knowing it has passed the required legal checks. Should the building fail the test, the corrections indicated must be made before re-submitting the application.

The Cost Of A Certificate Of Occupancy

The cost of a CO varies from one area to another. For example, a certificate of occupancy in Dallas is $215 with an additional code compliance fee of $65. In contrast, in Washington, DC, there is an application fee of $36.30 with additional fees based on the square footage of the building. In a city such as Washington, DC, you can expect to pay a total cost in the region of $75 to $125.

Satisfying The Legal Requirements

Many regions within the United States require homes and other buildings to be verified with a certificate of occupancy. This certification ensures the property is used as allowed by the law, meets the building code, and is habitable. The cost of a CO varies from region to region, but an up-to-date certification will allow the owner to sell the property, rent out the building to tenants, and generally rest easy knowing all the legalities are met.