Closings glossary
Certificate of Occupancy (C of O)
The Department of Buildings document that fixes a building's legal use and occupancy. Lenders and title companies read it to confirm the property can lawfully be used the way it is sold.
What is a Certificate of Occupancy?
Quick Answer
The full definition
The Department of Buildings document that fixes a building's legal use and occupancy. Lenders and title companies read it to confirm the property can lawfully be used the way it is sold.
Also called: C of O, CO.
Which related terms should you know?
These are the terms that come up alongside certificate of occupancy (c of o) in the same file.
- TCO (Temporary Certificate of Occupancy)
- A Certificate of Occupancy issued for a limited period while construction is completed. Renewals are routine, but a lapse stops closings until the new one is issued.
- Letter of No Objection
- A DOB letter confirming the lawful use of a building constructed before Certificates of Occupancy were required. It stands in for a C of O on many older buildings.
- Violation (cited against the premises)
- An agency record that a condition at a property does not comply with a code or rule. It attaches to the premises and follows the property through a sale.
- Open permit
- A DOB permit filed for work that was never signed off. Closing it usually means a licensed professional filing for inspection or formally withdrawing the job.
- BIN (Building Identification Number)
- A seven-digit Department of Buildings number identifying one building. A single tax lot holding a main house and a rear structure carries a separate BIN for each of them.
Where does certificate of occupancy (c of o) come up in a New York City closing?
A Queens house is marketed as four units while the C of O says three, so the lender declines until the use is corrected or the C of O is amended.
What else should you read before closing?
Building types
- New-development condoA first sale from the sponsor of a newly built condominium, governed by an offering plan, often delivered on a temporary certificate of occupancy.
- Condo in a converted buildingA condominium created by converting an existing rental building, where non-purchasing tenants, the reserve fund and building-wide conditions carry ...
- Townhouse and 1-4 family condo declarationA small building divided into condominium units, where outdoor space, party walls, multiple-dwelling registration and the certificate of occupancy ...
Zoning and land use
- Changing the use on a certificate of occupancyA change in occupancy classification or use group needs an amended certificate of occupancy, even when no construction happens. Here is what that f...
- Buildings with no certificate of occupancyOlder New York City buildings can lawfully have no certificate of occupancy. A letter of no objection is how the City confirms the lawful use instead.
- The Loft Law and interim multiple dwellingsInterim multiple dwelling status puts a former commercial building under the Loft Board, with a legalization duty and rent regulation. It survives ...
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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.