🏠 Housing & Rent

Certificate of Occupancy (C of O)

Also called: C of O, CO, Occupancy Permit

What it means

A certificate of occupancy is a document issued by the local building department that says a building or a specific space within a building meets the building code and is approved for a certain use — like residential, commercial, or mixed use. A new building gets one after construction is finished and inspected. If a space is changed (like converting a garage into an apartment or finishing a basement as a bedroom), a new certificate is needed. Many finished basements and converted spaces do not have one — that means they are not legal dwelling units. If a space does not have a certificate of occupancy for residential use, it is not a legal bedroom or apartment.

When you might hear this

You hear this when buying a home, converting a basement into a bedroom, or when code enforcement says an apartment is illegal. A certificate of occupancy is the document that says a building or space is approved for people to live or work in.

What to ask

  • Does this space have a certificate of occupancy for residential use?
  • Where can I look up whether my apartment has a C of O?
  • What happens if I am renting a space without a certificate of occupancy?
  • How do I apply for a certificate of occupancy for a converted space?
Source
NY Uniform Fire Prevention and Building Code — Read the law
Checked: 2026-04-17
This is for understanding only. It is not legal advice. If you are in a case, talk to a lawyer.