A Certificate of Occupancy (CO) is one of the essential documents in a construction project, and effectively marks the success of a project. Nonetheless, a lot of builders in New York struggle to obtain this vital certificate, primarily due to the bureaucracy and complicated requirements. We therefore found it needful to highlight the steps to acquiring a CO in New York as well as the potential challenges one may face in the process.
What Is A Certificate of Occupancy?
A Certificate of Occupancy is a document given by a local government agency, in this case, the New York Department of Buildings (DOB), certifying that a given building has been constructed in accordance to applicable laws, and that all relevant approvals have been obtained. Simply put, a CO basically declares a building safe for human occupation.
The DOB issues two types of CO – a Temporary Certificate of Occupancy (TCO) and the final Certificate of Occupancy (CO). The TCO is usually valid for a maximum of 90 days, and is given when a building is accredited by the DOB, but hasn’t gotten all the necessary building permits. The final CO is permanently valid, unless significant structural changes are made to the building.
Why Do You Need a Certificate of Occupancy?
A Certificate of Occupancy is a legal requirement for all new buildings as well as construction or renovation projects that result in changes in use, egress or occupancy of an existing building. For example, if you own a restaurant and want to convert it into a grocery store, you will need to obtain a CO as that amounts to change of use.
In New York (and most states in the US), not having a final CO is an offense punishable by a stipulated fine that increases with every new inspection. That being said, some structures are exempt from the CO requirement in NYC. These primarily include buildings built before 1938, with the caveat that their occupancy specifications and uses remain as they were from 1938.
How to Obtain A Certificate of Occupancy
A TCO is the easiest to obtain, and the whole process takes about 6 months, or more, to complete. All you need are temporary approvals from the NYC DOB on the following essential items:
- Temporary Construction Sign Off
- Temporary Elevator Sign-off
- Temporary Electrical
- Temporary Plumbing
For the final Certificate of Occupancy, the building owner has to first, acquire all outstanding permits and sort unresolved violations. DOB inspectors also have to visit the site and write their reports. The whole process can take up to a year or more.
PW1A Forms and Their Importance to Obtaining a Certificate of Occupancy
PW1A stands for Plan/Work Application Schedule A, which is the document that officially kickstarts the whole process. The PW1A form contains the following information:
- Adherence to building codes
- Number of dwelling units
- Fire protection equipment laws compliance
- Live load
- Number of occupants
- What groups of people can occupy the building
- Zoning use groups
The information provided in the PW1A is counter checked against the New Building (NB) or Alteration Type 1 (ALT1) applications that were filed during construction, to confirm authenticity and accuracy.
What Are The Potential Obstacles to Obtaining a TCO and CO?
If your PW1A documents had errors or were not duly filled, the NYC will not give you a CO. Similarly, you will experience delays if you haven’t complied with the (strict) elevator requirements or had negative inspection reports for Plumbing and Sprinkler.