Temporary Certificate of Occupancy in NYC: How a TCO Works
A temporary certificate of occupancy (TCO) is the NYC Department of Buildings’ (DOB) permission to use a building or space while some work is still open. DOB issues one when it finds the property safe to occupy, but outstanding items still stand between you and a final certificate of occupancy (CO). It is a bridge, not a finish line. A TCO typically lasts 90 days, so the real job is closing the open items before it runs out.
This guide is for homeowners, business owners, property managers and facility managers in New York City and the surrounding region who have a project that needs occupancy approval. It covers what a TCO allows, what DOB asks for, how renewals work and how to get from a TCO to a final CO.
TL;DR
A TCO lets you occupy a building or space legally while minor or remaining work is finished. A final CO needs no open applications, no open violations and all fees paid.
DOB requires construction, plumbing and electrical sign-offs (temporary or final), an elevator sign-off where it applies, an approved Schedule of Occupancy and a $130 fee unless exempt.
TCOs typically expire 90 days after issuance and can be renewed if the open items are not yet resolved.
If the TCO lapses, the approved use and layout revert to the last CO on file, which can mean fines and trouble for a business.
Plan the close-out from day one: the sign-offs that earn the TCO are the same ones that earn the final CO.
Table of Contents
What a TCO is, and how it differs from a final CO
A certificate of occupancy states the legal use and type of occupancy a building is approved for. No one may legally occupy a building until DOB has issued a CO or a TCO. That applies to a new building, to an addition, and to an alteration that changes use, egress or occupancy.
The difference between the two documents comes down to what is still open:
Temporary CO (TCO) | Final CO | |
Issued when | The property is safe to occupy, but outstanding issues remain | All required work is complete and signed off |
Open applications or violations | Allowed to remain | None allowed |
Fees | Fee for the TCO itself | All fees paid |
Duration | Typically 90 days, renewable | Stays in effect until the building changes |
The comparison of requirements comes from DOB’s own Code Notes: a final CO requires no open applications, no open violations and all fees paid, while a TCO may be issued when outstanding issues remain.
There is also an interim certificate of occupancy for large buildings. Under Local Law 6 of 2021, an interim CO may allow occupancy of one or more floors before all work is finished, subject to safety conditions that include noncombustible construction and an automatic sprinkler system. Most one-to-three-family homes and small commercial spaces will deal with a TCO, not an interim CO.
When you need a TCO
You need one when the building or space must be used before every item on the job is closed out. Typical situations:
A homeowner finishing an addition or major alteration. The family needs to move back in, but a final inspection item or paperwork is still open.
A business opening a new or renovated space. A restaurant, retail store or office has its lease running and wants to open while minor items remain.
A property manager with a multi-unit building. Floors or units are finished and ready for tenants while other areas are still under construction.
A facility manager after a major repair. A damaged area is rebuilt and has to return to service.
If the work did not change the use, egress or occupancy of the building, you may not need a new CO at all. Your architect or engineer can confirm that against the permit filed for the job. If your project began without a permit, start with how to legalize work without a permit in NYC, because the TCO process assumes the work is filed and inspected.
What DOB requires before it issues a TCO
DOB lists the TCO requirements as follows:
Temporary or final construction inspection sign-off.
Temporary or final plumbing inspection sign-off.
Temporary or final electrical inspection sign-off.
A temporary elevator sign-off, if the building has an elevator.
An approved Schedule of Occupancy in DOB NOW: Build.
A $130 fee for the TCO, unless the fee is exempt.
A sign-off is DOB’s record that an inspector or approved agency has reviewed that part of the work and found it acceptable. A “temporary” sign-off covers work that is safe for use but not yet complete. The Schedule of Occupancy is the document that lists how each floor or space will be used. It has to match what you built.
The sign-offs are the hardest part to line up, because each trade closes out on its own schedule. Plumbing may be done while electrical is waiting on a corrected item. That is why the order of the work matters as much as the work itself.
Inspections and the equipment on site
Sign-offs depend on inspections, and inspections depend on the site being run safely. On larger jobs, lifting equipment is part of that picture. Sites that bring in cranes for structural or ground-up work also have separate equipment obligations, covered in this guide to mobile crane inspection. A project that runs cleanly on the equipment side is less likely to pick up the stop-work problems that delay a TCO.
How to apply: step by step
The request goes through DOB’s online system. A Certificate of Occupancy Request is submitted in DOB NOW: Build, for jobs in the older Buildings Information System (BIS) as well as jobs in DOB NOW. Technical and operations staff review it, and if every requirement is provided, the certificate is issued.
Step 1: Confirm the permit is in good standing
The TCO request is tied to a filed job. Check that the permit is active, that the filing details match what was built, and that no stop-work order is open. If one is, resolve it first; our guide on what to do about a stop work order in NYC walks through it. Where it goes wrong: owners assume a finished renovation means a finished file. Open items on the filing still block the request.
Step 2: Close out the inspections
Gather the construction, plumbing and electrical sign-offs, and the elevator sign-off if there is one. DOB lists the sign-offs on the Certificate of Occupancy request itself in DOB NOW: Build, so you can see exactly which ones are still missing. For a type of filing known as ALT1, which covers alterations that change use, egress or occupancy, DOB’s Code Notes explain that multiple applications may be open at once, but only one PW6 can be filed to start the inspections needed before a CO. Filing a second one by mistake can stall the process.
Step 3: Get the Schedule of Occupancy approved
The approved Schedule of Occupancy has to be in DOB NOW: Build. If the layout changed during construction, the schedule must reflect the as-built condition. A mismatch is a common reason requests come back.
Step 4: Pay the fee and submit
The TCO fee is $130 unless an exemption applies. Submit the Certificate of Occupancy Request and watch the status in DOB NOW.
Step 5: Post the certificate
Once issued, the owner must post a copy of the TCO, interim certificate or CO in a conspicuous location, except in buildings occupied entirely by group R3 (one- and two-family homes and similar). For a store, office or multi-unit building, put it where visitors and inspectors can see it.
How long does it take?
The time to a first TCO depends mostly on how fast the inspections close, not on DOB’s review. For the review itself, DOB’s 2022 update on occupancy submissions says TCO renewals without changes are processed on average within two business days. After Project Advocate review, Borough Commissioner and quality assurance review usually takes two to four business days. Processing times move with DOB’s workload, so treat these as a guide and check DOB’s occupancy pages for current service levels.
What stretches the timeline in practice:
A trade sign-off that is waiting on a corrected item.
A Schedule of Occupancy that does not match the built layout.
An open violation or open application on the property.
A missing elevator sign-off in a building with an elevator.
Validity, renewals and what happens at expiration
TCOs typically expire 90 days after issuance. If the outstanding issues for a final CO have not been resolved by then, the TCO may be renewed. Some sources describe periods of 90 or 180 days; the document you receive states its own expiration date, and that date is the one that counts.
Two rules deserve a calendar reminder:
Do not wait for expiration. Start the renewal request well before the date. Renewals without changes move quickly, but a lapse is hard to undo.
Do not leave the space empty. If the space is not occupied for more than 30 days, a new TCO is needed to re-occupy it.
When a TCO is not renewed, the building’s approved use and layout go back to what the last Certificate of Occupancy says. A lapse may lead to fines or problems for the business. For an owner who has built out a basement, converted space or added a floor, that can mean the new space is treated as unapproved.
This is a worked example. A restaurant owner receives a TCO and opens for service. Ninety days later, the fire-protection sign-off is still waiting on one corrected item. If the owner files the renewal in time, service continues while the item is fixed. If the TCO lapses, the approved use reverts to the old CO and the dining room may no longer be covered. That is the situation a final CO avoids.
From TCO to final CO
A TCO is a to-do list with a deadline. DOB’s own guidance says that if your property has a TCO, you should consult a PE or RA (a professional engineer or registered architect) to determine what is needed to get a final CO. That professional reads the open items on your file and tells you which are paperwork, which are inspections and which are physical work.
The physical work is where a contractor matters. Open violations, incomplete finishes, corrected electrical or plumbing items and exterior repairs all have to be done by someone who can complete them to code and get them inspected. Our write-up on closing out your NYC certificate of occupancy before a 90-day TCO lapses goes deeper on the sequencing. If one of the open items is a correction filed with DOB, see the DOB certificate of correction steps.
A practical close-out sequence:
Pull the TCO and list every outstanding item on it.
Sort items into paperwork, inspection and construction.
Assign each to the person who will close it: the PE or RA for filings and sign-offs, the contractor for the work.
Book inspections in the order that avoids rework.
File the renewal early if any item will not close in time.
Request the final CO once no application or violation is open and all fees are paid.
How to check or get a copy of a CO or TCO
Owners, buyers and managers often need to look up what a building is approved for. CO records can be searched in DOB NOW for requests on or after March 1, 2021, or in BIS for earlier requests, and you can print a copy from either. Check the use and the number of floors or units against what the building is actually used for. If they do not match, that is a conversation to have before a purchase, a lease or a new permit filing.
Mistakes that cost owners the most
Occupying before the TCO is issued. Moving in or opening early puts the owner, tenants and customers at risk and invites enforcement.
Treating a TCO as permanent. The date on the certificate is a deadline.
Changing the layout without updating filings. The Schedule of Occupancy must match what was built.
Ignoring older violations. An open violation blocks the final CO even when the TCO was issued.
Hiring for the build, not the close-out. The last 10 percent of a project, the sign-offs, is what gets you the final CO.
Permits and insurance underpin all of this. See NYC building permit requirements for owners and contractors and the contractor insurance baseline that avoids permit delays.
Perspective: the TCO is decided on the jobsite
We look at a TCO as a schedule problem more than a paperwork problem. The certificate is only as good as the work behind it, and the 90-day clock starts the day it is issued. Our work covers every phase of a project, from interior and exterior renovations and additions to DOB and DOT violation removal and building code compliance assistance. That matters here, because the items that keep a TCO from becoming a final CO are usually physical: a corrected line, a finished stair, an open violation. When one team plans the trades, the corrections and the inspections together, the open list gets shorter before it ever reaches DOB. Our advice to owners and managers is simple. Know your expiration date, list every open item on day one, and have a licensed, insured contractor who builds to code and to deadline close them in order. DJ
Getting your project to a final CO
DJ Custom Contracting LLC is a licensed and insured general contractor serving NYC, Long Island, Westchester and northern New Jersey, for residential and commercial clients. We handle interior and exterior renovations, additions and alterations, DOB and DOT violation removal and commercial maintenance, and we offer building code compliance assistance. If you have a TCO with open items, or a project you want to take to a final CO without a lapse, see our general contractor services or get in touch through our landing page.
Business owners fitting out a store or restaurant can start with our commercial renovation services, and property managers with ongoing upkeep can look at building and facility maintenance.
FAQ
How long is a temporary certificate of occupancy valid in NYC?
A TCO typically expires 90 days after it is issued, according to DOB. If the outstanding issues for a final CO are not resolved by then, it may be renewed. Always read the expiration date on your own certificate.
How much does a TCO cost?
DOB lists a $130 fee for a TCO, unless the fee is exempt. That is the DOB fee only. Your architect or engineer and the construction work needed for the sign-offs are separate costs.
Can I use my space if the TCO expires?
When a TCO is not renewed, the approved use and layout return to what the last CO says. A lapse may lead to fines or problems for a business. Renew before the date, and ask your PE or RA what the last CO allows if you are close to the deadline.
How do I look up a building’s certificate of occupancy?
Search DOB NOW for requests made on or after March 1, 2021, or the Buildings Information System for earlier ones. Both let you print a copy of the CO.
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