DOB Construction – Jobs and Permits

What is a Certificate of Occupancy?

According to the DOB, a Certificate of Occupancy describes the legal occupancy limits, layout, and allowable use of a building. These are typically outlined by each floor of the property.

All properties (with few exceptions) must have some form of CO – either up-to-date, amended, or temporary. Buildings cannot be legally occupied without one in place. Any major changes (New Building/ALT 1 jobs) require a new or amended CO. For example, converting a fourth-floor manufacturing space to commercial/office space will require a new or amended CO.

Temporary COs (TCOs) are issued when the property is safe to occupy but has outstanding issues that need resolution. Generally, TCO requirements vary by borough and are less stringent than Final CO requirements. TCOs expire 90 days after issuance and require a re-inspection every 18 months.

In addition to job requirements and signoffs, all outstanding DOB violations must be corrected and all related fines/fees paid before a Final CO is issued. Any missing or outstanding inspections for the property must also be filed. Registered architects or professional engineers can consult and advise additional requirements to obtain a Final CO.

Failure to have an active CO or TCO may result in violations, fines, and additional liability.

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