Understand the new TCO requirements in NYC
With more than one million buildings in NYC and 8 million people, government oversight on occupancy and usage is especially important. Certificates of Occupancy (CO) allow the DOB to ensure all required codes and construction processes have been followed, closed out, and that a property is safe for tenants. But how simple is it to get an up-to-date CO and why is it a challenge for some? We talk about the process, when to file for a Temporary Certificate of Occupancy (TCO) first, and what you need to know about evolving TCO requirements.
Understanding NYC Certificates of Occupancy and why they can be difficult
Without a valid Certificate of Occupancy, it’s illegal to use or occupy a building (or any portion of). Exceptions are made for buildings erected prior to 1938. Building owners are responsible for ensuring their properties have a current Certificate of Occupancy. If a building’s use or a variety of other factors are altered at any time, an amended CO is needed.
Occasionally, COs can be costly and a hassle. (Expeditors help eliminate these factors.) The reason is: to receive a CO, many different aspects of construction and permitting need to come together. Additionally, a final inspection needs to occur. The DOB looks to make sure all relevant building codes have been followed. They also check to see that construction matches the plans on file.
Temporary Certificate of Occupancy (TCO), the new requirements, and when to apply for one
Sometimes, many aspects of the building are complete and have passed inspection. However, smaller elements still need sign-off. In these instances, you may be able to file for a TCO, or Temporary Certificate of Occupancy. Your TCO usually remains valid for 90 days from the date of issue. (And can be renewed under some circumstances.) What this means is: your property can be occupied, but you only have so long to complete the items awaiting final approvals.
On November 9, 2020, the DOB released new requirements for TCO applications. To apply for a TCO, you’ll need to access a PW7 form. Review and complete all three pages to have your ask considered by the Borough Commissioner’s Office. Make sure that all of the initial requirements to receive a TCO have been completed and supporting documentation can be provided.
Considerations with TCO and what we can do to help
TCOs can be a great help to bridge a building ready for occupancy through until it’s ready for a final Certificate of Occupancy. But keep an eye on your timeframe if you file for and receive a TCO. TCOs that expire often make for problems down the road, which show up when a property goes under contract or when trying to bind insurance.
With COs and TCOs, working with an expeditor minimizes your risk of violation and lowers the amount of hassle associated with filing and approvals. We can review plans and paperwork, assist with permitting, and help you navigate through when to file for a TCO, and help ensure you’re ready for a final CO before the TCO expires.
