CERTIFICATE OF OCCUPANCY
A document issued by a local building or ZONING
authority to the owner of premises attesting that
the premises have been built and maintained
according to the provisions of building or zoning
ordinances, such as those that govern the number of fire exits or the safety of electrical wiring.
A certificate of occupancy is evidence that
the building complies substantially with the
plans and specifications that have been submitted
to, and approved by, the local authority. It
complements a building permit—a document
that must be filed by the applicant with the local
authority before construction to indicate that
the proposed construction will adhere to zoning
laws.
In legal practice, the requirement that a certificate
of occupancy be presented on the day of
closing is usually attached as a rider to a contract
for the sale of a house or building. If the seller is
unable to present the certificate of occupancy
the buyer may refuse to complete the sale.
Some cities require that a landlord file a certificate
of occupancy for apartments to be
leased. This requirement is designed to prevent a
building’s deterioration to such an extent that it
could expose its tenants to risks to their health
and lives. Each time an apartment is vacated, an
inspector from an appropriate government
agency—such as the housing authority—
inspects the apartment to make sure that it
meets minimum standards of habitability. If the
apartment does not, the inspector may issue a
warning to the landlord to correct the violation
within a certain period of time or the landlord
will be prevented from leasing the apartment.
