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Certificate of Occupancy

Certificates of occupancy are issued by local government to verify that the structure is in compliance with local building codes and are deemed safe for use. Local building inspectors go through the new structure to ensure all construction, wiring, plumbing and overall installation meets standard building codes. Once this is confirmed, the structure can be certified as a safe structure for occupancy. Take a look at the certificate of occupancy questions below that have been answered by Experts.

Is a Final Certificate of Occupancy required when closing on a new construction home loan in Indiana or can there just be a "temporary" certificate of occupancy?

Usually a temporary certificate will work to close the loan and move into the home. However, you will still have to get the final certificate of occupancy within 60 days. When someone is issued a temporary certificate of occupancy, there are usually a few items that need finalized in the construction before the final certificate can be given. A builder doesn't have to tell the homeowners what items need finished unless there is specific wording in the building contract that states otherwise. However, if the builder doesn't have the final certificate of occupancy in a reasonable amount of time after the owners are moved in, the builder will have to explain why there is a hold up and complete the tasks in order to get the certificate. If the builder fails to do this, the owners can file suit against the builder for not meeting building codes for that area.

How many times can you renew a temporary certificate of occupancy for a condo in New York City?

A temporary certificate of occupancy can be renewed up to two years from the first time it is issued. However, if the certificate expires before the person is granted the final certificate of occupancy, living in the condo would violate the multiple dwelling laws. This means anyone from the tenants, board of directors and even the corporation would be subjected to fines and the tenants could be evicted.

Will not having a certificate of occupancy nullify my lease agreement?

The landlord will have to get the certificate of occupancy and take care of any fines that may be attached. If the landlord doesn't get the certificate of occupancy, the city will probably want you to leave the home. You would be within your rights to sue the landlord for breach of contract. You can ask for damages for relocating the expense of entering into a new lease (rent increase within reason). You need to speak with your landlord and find out how he/she is going to handle the certificate of occupancy.

Do hotels in New Jersey need a certificate of occupancy for each patron that stays in the hotel, whether it is in the main building or cottages on that property?

Usually the hotel is expected to have a certificate of occupancy for each building. The certificate will cover the occupants for that building. There isn't a requirement for a copy of the certificate of occupancy to be placed in each room but it must be within sight for inspection purposes. While each room doesn't require a copy of the certificate, they do require an escape map, limit of occupants per room, and instructions for fire evacuation.

My husband has been refused a certificate of occupancy for deck railing. Is there any way to remedy this?

In order to get the certificate of occupancy, you will have to comply with the building inspectors requirements. If the inspector wants a certain width for the deck railing, you will have to change the width. Without the inspector passing the structure, you won't be able to get the certificate. If you had a builder take care of the deck railing, they would be responsible for making the adjustment. If the builder refuses to make the corrections, you may have cause for a claim.

Many people don't realize the importance of a certificate of occupancy until they try to purchase or build a home or business. Many times people find themselves being evicted due to a landlord not having a certificate of occupancy and are unsure where to turn for the important questions. If you find yourself in need of answers, you should ask an Expert for assistance.
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