Temporary Certificate of Occupancy (TCO) in NYC
DOB issues a temporary certificate of occupancy when a building is safe to occupy but some outstanding items still have to be resolved before a final C of O.
A certificate of occupancy (C of O) states the legal use and type of occupancy of a building. No one may legally occupy a building until DOB has issued a C of O or a temporary certificate of occupancy (TCO).
How long a TCO lasts
DOB says TCOs typically expire 90 days after issuance. If the outstanding items aren't resolved by then, the TCO may be renewed. If the space sits unoccupied for more than 30 days, a new TCO is needed before it can be re-occupied.
A TCO is meant to be temporary. If your property has one, DOB's advice is to have a licensed Professional Engineer or Registered Architect determine what is still needed for the final C of O. See our certificate of occupancy guide for why buyers and lenders care.
What DOB requires for a TCO
- Temporary or final construction inspection sign-off
- Temporary or final plumbing inspection sign-off
- Temporary or final electrical inspection sign-off
- Temporary elevator sign-off (if applicable)
- The DOB TCO fee (unless the job is fee-exempt)
- An approved schedule of occupancy in DOB NOW: Build
The required sign-offs are listed on the certificate of occupancy request in DOB NOW: Build. The request is filed there for both BIS jobs and DOB NOW jobs, and DOB's technical and operations staff review it.
Getting from TCO to final C of O
A final C of O has no expiration date. DOB issues it only when the final sign-offs, the final survey and Builders Pavement Plan (where required), the cost affidavit (PW3) and an approved schedule of occupancy are in place, with no open applications and no open violations on the property. If a building has more than one open Alteration-CO job, signing off one of them gets the building a TCO; the final C of O comes when the last open job is signed off.
TCO, letter of no objection or letter of completion?
- TCO: the work changes use, egress or occupancy and isn't fully closed out yet.
- Letter of no objection: a building from before 1938 with no C of O, where you need proof of the existing legal use. See our letter of no objection service.
- Letter of completion: minor alterations that don't need a new or amended C of O. See letter of completion in NYC.
What we do
S & M Expediting is a Class 2 filing representative and NYC-certified M/WBE, with more than 75 years of combined NYC expediting experience. We review what is open on the job, track the sign-offs and the schedule of occupancy, and work with your PE or RA on the C of O request. Open violations hold up the final C of O; see violation removal.
We will work with the contractor you have, or if not, we will recommend one from our network. Call 718-833-2333 or contact us with the address and job number.