CERTIFICATES
OF OCCUPANCY (CO)
The 8 Questions People Ask Most Often
Why did my lawyer/real estate broker tell me to get a new
CO?
Do
minor alterations like the addition of a deck or bay window require
a CO?
I’m
paying taxes on the alteration - doesn’t that prove they know
it exists?
Everything’s
exactly as it was when I bought the house. Why was that sale able
to go through without a new CO?
The
contractor said I wouldn’t need a permit.
Will
inspectors come to poke through every inch of my house? What if something
wasn’t built quite right - will they make me tear it down?
Can’t
I get a Certificate of Occupancy myself?
How
much does a competent CO service charge to handle the whole process?
And how do I find a good one?
Why
did my lawyer (or real estate broker) tell me to get a new Certificate
of Occupancy?
When you sell or refinance your home, the lending institution tries
to reduce its risk of being stuck With the unsaleable property in
the event of foreclosure. They require an engineer’s report,
a termite inspection, etc.and most importantly, a Certificate of Occupancy
search. By comparing existing conditions against Building Department
records, the bank’s attorney will discover any alteration which
was built without a permit and any open building permit or violation.
They won’t close on the mortgage until a new Certificate of
Occupancy has been applied for.
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Do
minor alterations (like the addition of a deck or bay window) require
a CO?
Yes. A
Certificate of Occupancy is the Building Department’s final
sign-off on works done under a Building Permit. Therefore, anything
which requires a permit according to the New York State Building Code
will show up on a C. of O. search. The list includes decks, pools,
extensions, garage conversions to living space, porch enclosures,
canopies, attic or basement finish, fireplaces, and changes of use
such as residences to mother/daughter, or to business or professional
office.
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I’m
paying taxes on the alteration doesn’t that prove they know
it exists?
Unfortunately, it’s a different “they”.
The Assessor’s Office doesn’t ask whether a structure
is legal, and the Building Department doesn’t care what you’re
paying taxes on.
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Everything’s
exactly as it was when I bought the house. Why was that sale able
to go through without a new CO?
The 1980’s were a boom time for home improvements,
and a lot of work was done without permits. When the recession hit,
and foreclosures zoomed, the banks found themselves paying the cost
of legalizing alterations. That’s when they got strict.
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The
contractor said I wouldn’t need a permit.
Maybe he was misinformed. (“ Decks don’t need a permit
if they’re not attached to the house” is a popular myth).
Maybe he didn’t actually have a valid contactor’s license
and Workers Comp., or he figured you’d balk at the cost of professionally
drawn plans. Or maybe he just knew how frustrating and time consuming
the permit process usually is.
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Will
inspectors come to poke through every inch of my house? What if something
wasn’t built quite right - will they make me tear it down?
Certificates of Occupancy are never issued without an inspection,
and often additional electrical and plumbing inspections are required.
Some inspectors are extremely tough, some arbitrary, and any violations
they cite must be brought into compliance with the code. Here’s
where a full- service Certificate of Occupancy specialist is essential.
An expert who knows each town’s Building Department, and knows
the violations a given inspector cites, can help avoid the worst-case
scenarios.
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Can’t
I get a Certificate of Occupancy myself?
It’s never
straightforward or quick. The NY State Building Code exceeds 800 pages
and every paragraph contains “details” that can make or
break an application. For example, a finished basement can be legalized
if called a “recreation room”, but a “den”
is not permitted. Most towns require professionally drafted architectural
plans which then must be sealed by a registered engineer. The filing
process itself can be complex, with additional affidavits and intermediate
steps which may require frustrating, time consuming visits to the
Building Department. Applications by amateurs tend to languish or
be rejected.
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How
much does a competent CO service charge to handle the whole process?
And how do I find a good one?
My firm, AES/Plans and Permits, handles a large volume of
cases all over Long Island. I have been the guest on radio call-in
programs, and my answers to reader’s questions about C. of O.
problems have appeared in Newsday. As to the cost, it is surprisingly
low. My charge for the full package of services to legalize an alteration-always
quoted in full in advance- is usually not much more than the cost
of a survey. Compared to the potential loss from postponing a closing,
it’s a bargain that’s hard to beat.
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©
2002 AES/Plans and Permits. All rights reserved.
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