White Paper: Disarming A Ticking Time Bomb:
Understanding Certificates of Occupancy in
New York Residential Real Estate

Certificates of Occupancy or C/Os are municipally-issued documents that specify the nature and legal use of a building or improvement located on real property.

CO always required for:
• detached garages
• swimming pools
• raised wood decks

CO sometimes required for:
• fences
• sheds
• patios
• carports
• air conditioning compressors

While it is illegal to construct, alter or modify structures and other kinds of improvements on real property without the consent of the local building department, it happens all the time. That is how these seemingly innocuous documents can become potential time bombs for homeowners and real estate practitioners who represent homebuyers. Often, problems are not discovered right away; sometimes it takes years.

What separates the good real estate attorney from the great one is not only:
1. the ability to identify unauthorized improvements, but also
2. the ability to guide the client as to how to proceed with the transaction.
Read this paper to learn more about how to identify the risks and be able to advise a client of the potential consequences.

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