NYC Certificate of Occupancy (C of O): How to Get, Change or Look One Up

What is a certificate of occupancy?

A certificate of occupancy (C of O) states the legal use and type of occupancy of a building. New buildings need one. Existing buildings need a new or amended C of O when the use, egress or type of occupancy changes, for example converting a two-family house to a three-family house, or an industrial building to residential. No one may legally occupy a building until DOB has issued a C of O or a temporary certificate of occupancy.

You may also be asked to produce a C of O when you buy, sell or refinance a property, or when a licensing agency needs proof of the legal use.

New, amended and temporary C of O (TCO)

Work that changes use, egress or occupancy is filed as an Alt-1, called an Alteration-CO in DOB NOW: Build, and it ends with a new or amended C of O. See Alt-1 vs Alt-2 vs Alt-3.

While final items are still open, DOB may issue a temporary certificate of occupancy (TCO) so you can live or work in the property. DOB says TCOs typically expire 90 days after issuance and may be renewed. They are temporary. If a TCO expires, it can become very hard to insure, refinance or sell the property. We recommend not closing on a property that only has a TCO. If you already have, contact us soon after closing and we will refer you to an architect or engineer who can determine what is needed for the final C of O.

Buildings with no C of O: pre-1938 buildings and letters of no objection

A C of O was not required by law until 1938. If your building was built before 1938 and its use, occupancy and egress have not changed, there may be no C of O on file. In that case we can apply for a letter of no objection from your borough office to show the existing legal use for a closing or a license.

How to look up a C of O for your building

C of Os issued on DOB NOW jobs can be found on the DOB NOW public portal. Older certificates are in DOB's Buildings Information System (BIS) under the property profile. We can do this research for you, along with open jobs and violations, before you buy or file.

What DOB needs before it issues a C of O

A final C of O has no expiration date. DOB issues it only when all of these are in place:

• final construction, plumbing, elevator and electrical sign-offs
• a final building survey and a final Builders Pavement Plan, where required
• the owner's cost affidavit (PW3)
• an approved schedule of occupancy
• no open applications and no open violations on the property

In DOB NOW, one building (BIN) has one C of O. If a building has more than one open Alteration-CO job, signing off one of them gets the building a TCO, not a final C of O. Open violations hold up the C of O; see violation removal.

How S & M files and follows your C of O

• We correspond with your Department of Buildings borough office to obtain the final certificate of occupancy, follow up on the status, and complete the tasks required so you receive it in a timely manner.
• We review what is open on the job, track sign-offs and the schedule of occupancy, and work with your engineer or architect on the C of O request in DOB NOW: Build.
• Where a final C of O is not ready yet, we request the TCO and keep it renewed while the remaining items are closed.

S & M Expediting is a Class 2 filing representative with more than 75 years of combined NYC expediting experience. Call 718-833-2333 or contact us with the address and job number.

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