Direct answer
A certificate of occupancy, or CO, is the building authority's record of approved legal use or occupancy and, when required, authorization to occupy after construction, inspections, paperwork, fees, and agency approvals are complete.
A temporary certificate of occupancy may allow a safe portion of the project to be occupied while limited closeout items remain. A TCO is conditional and often expires.
Common triggers
- New buildings
- Major additions or alterations
- Changes in use or occupancy classification
- Changes affecting exits or occupant load
- New dwelling units or tenant spaces
- Projects that change the legal occupancy record
Building permit vs. CO
A building permit authorizes construction. A CO authorizes occupancy or confirms legal use. A final building inspection may be required but may not be sufficient by itself.
Closeout process
- Confirm the required occupancy document.
- Complete permitted construction.
- Submit revisions and deferred items.
- Complete building and trade finals.
- Complete fire and life-safety acceptance.
- Complete accessibility, zoning, elevator, utility, and agency sign-offs.
- Resolve corrections, violations, and fees.
- Submit the occupancy request.
- Receive and verify the document before occupancy.
Final CO vs. temporary CO
| Feature | Final CO | Temporary CO |
|---|---|---|
| Purpose | Final occupancy authorization | Conditional occupancy |
| Outstanding work | No blocking work | Limited non-safety items may remain |
| Duration | Remains record until amended | Time or condition limited |
| Renewal | Normally not needed | May require renewal |
| Risk | Must match approved use | Expires if conditions are not resolved |
What can block issuance?
- Failed or incomplete inspections
- Work not matching approved plans
- Missing trade sign-offs
- Incomplete life-safety systems
- Missing surveys, testing reports, or record documents
- Open violations
- Unpaid fees
- Unresolved zoning or agency conditions
- Unapproved change of use
Property due diligence
Compare the CO or legal-use record with actual use, dwelling count, occupied areas, additions, conversions, and the current permit history.
Older buildings may rely on another recognized legal-use record rather than a modern CO.
Checklist
- Confirm issuing authority
- Confirm required document
- Verify approved use and occupancy classification
- Complete construction and revisions
- Complete building and trade finals
- Complete fire, elevator, accessibility, zoning, and agency approvals
- Resolve violations and fees
- Review TCO scope and expiration
- Receive and retain the final record
How GovCodex helps
GovCodex can locate the official application, organize required sign-offs, review permit and inspection records, compare legal use with a proposed use, and build a closeout checklist.
Check occupancy and closeout requirements.
Frequently asked questions
Is a CO the same as a building permit?
No. The permit authorizes construction; the CO authorizes occupancy or confirms legal use.
Is a final inspection the same as a CO?
Not always. Other trade, fire, accessibility, zoning, agency, fee, and document conditions may remain.
What is a TCO?
A conditional, time-limited occupancy authorization for an approved safe area.
Can a final CO expire?
A final CO generally remains the legal-use record until amended, replaced, suspended, or revoked. A TCO commonly expires.
Sources
- Certificate of Occupancy — New York City Department of Buildings; local requirements vary by authority and proposed occupancy.
Related GovCodex guides
Visual guides
Last reviewed: July 29, 2026. Requirements vary by jurisdiction and property.