What Is a Certificate of Occupancy (CO) in NYC? And Why It Matters More Than You Think

If you’re buying, renting, building, or renovating in New York City, you’ve probably heard the term “C.O.” thrown around like it’s just another form. But in reality? It’s one of the most important documents you need for your property.

Let’s break it down in simple terms.

What Is a Certificate of Occupancy (CO)?

A Certificate of Occupancy, or CO, is an official document issued by the New York City Department of Buildings (DOB). It confirms that a building is safe, legal to occupy, and being used the way it’s supposed to be — whether it’s for living, working, or running a business.

Without a valid CO, you can’t legally move into, lease out, or use the building. That’s why it plays such a big role in real estate closings, mortgages, and even tenant rights.

What’s in a CO?

The Certificate of Occupancy tells you things like:

• What the building is legally allowed to be used for (residential, commercial, mixed-use, etc.)

• How many people can safely be in each part of the building

• The building’s construction type and fire protection systems

• The zoning use group and occupancy group

It’s basically the city’s way of saying, “This space is safe and approved for its current use.”

When Do You Need a CO?

You’ll need a new or updated CO when:

• You’re building something from the ground up

• You’re making major changes to the building’s layout or purpose

• You’re changing the use (like turning a warehouse into offices)

• You’re altering exits, entrances, or the number of occupants

And yes — even existing buildings might need an amended CO if any of these things change.

How Do You Get a Certificate of Occupancy in NYC?

The process involves a few steps:

1. Inspections — The DOB checks everything: structure, electrical, plumbing, fire safety, elevators, etc.

2. Approvals & Sign-offs — All the professionals involved (architects, engineers, contractors) must sign off.

3. Submit to DOB NOW: Build — The request is reviewed by the DOB’s technical and operations staff.

4. Final Review — If everything’s in order, they issue the CO.

Sounds simple? It’s not always. That’s why many owners hire a DOB expediter (like us) to handle the paperwork and make the process smoother.

What’s the Difference Between a CO and a TCO?

Here’s where it gets interesting — especially for developers and homebuyers.

✅ Final Certificate of Occupancy (CO)

This is the permanent approval. It means all construction is complete, inspections are passed, and the building is fully legal and ready to be occupied.

⏳ Temporary Certificate of Occupancy (TCO)

A TCO allows people to temporarily occupy a space even if a few finishing touches are still in progress. These are usually valid for 90 days and can be renewed.

Example: A condo tower is mostly done, but the rooftop deck isn’t finished yet. With a TCO, the developer can start moving in residents and even sell units — as long as the key safety items are complete.

Should You Buy or Rent a Place with a TCO?

Short answer: You can, but be cautious.

While buying a unit in a building with a TCO might seem like a good opportunity, you should know that:

• A TCO is not permanent

• It may cause issues with getting financing, insurance, or closing a sale

• If it expires and isn’t renewed, the building might not be legally occupiable

So, if you’re in that situation, always ask:
👉 “When will the final CO be issued?”
👉 “Are there outstanding violations or unfinished work?”
👉 “What happens if the TCO isn’t renewed?”

What’s an ICO (Interim Certificate of Occupancy)?

In 2020, NYC introduced Interim Certificates of Occupancy (ICO) to simplify things. These are meant to replace multiple TCO renewals and allow for partial occupancy of completed areas, especially in large buildings.

It’s a newer system, but it’s helpful for developers looking to phase occupancy without compromising safety or compliance.

How to Get a TCO in NYC

To qualify for a TCO, the following must happen:

• Inspections for construction, electrical, plumbing, elevators, etc., must be complete

• Fire safety systems must be operational

• The PW7 form and an occupancy schedule must be submitted

• A $100 application fee is required (unless exempt)

Important note: If a space is left vacant for over 30 days, you’ll need a new TCO before using it again.

What About Old Buildings?

If your building was built before 1938, it might not have a CO at all — and that’s okay. Those buildings were “grandfathered” in. But if you make major changes (like altering the layout or occupancy type), you’ll still need to apply for one.

Why It All Matters (For Buyers, Renters, and Landlords)

• Landlords can’t legally collect rent without a valid CO or TCO

• Buyers may run into mortgage issues without one

• Renters can withhold rent if the building isn’t legally approved

• Developers may lose time and money if they delay the process

So whether you’re buying a condo in Brooklyn, opening a shop in Manhattan, or converting a warehouse in Queens — make sure your CO is in place.

🔍 In Summary

• A Certificate of Occupancy (CO) proves your building is safe and legal to use

• A Temporary CO (TCO) allows limited-time occupancy while work wraps up

• An ICO helps streamline partial occupancy in large or phased projects

• Buyers, renters, and developers should always verify a property’s CO status before moving forward

🧰 Need Help with a CO or TCO in NYC?

Whether you’re stuck in the DOB process, trying to renew a TCO, or unsure what paperwork you need — we’ve got your back.

📞 Contact HN Republic today.
We help building owners, developers, and homeowners across all five boroughs get the sign-offs they need — quickly and correctly.