Is a certificate of occupancy the same as a certificate of completion?

No. A certificate of completion generally confirms permitted work finished in compliance with the permit, without authorizing occupancy. A certificate of occupancy authorizes occupancy for a stated use.

Does a certificate of occupancy expire?

A final certificate generally does not expire on its own; it stays valid until the use, egress, or occupancy classification changes. Temporary certificates carry an expiration and must be renewed until a final certificate is issued.

Can a landlord charge rent before the certificate of occupancy is issued?

That depends on the lease rather than the code. Rent commencement is a contractual date, and leases variously tie it to the certificate, to delivery of possession, or to a fixed outside date.

Do all jurisdictions issue certificates of occupancy?

Nearly all require some form of occupancy approval for new commercial construction and for a change of use, but the name of the document and the process differ, so confirm locally rather than assuming.

Published: September 7, 2026

Last updated: September 7, 2026

Lease administration

What is a certificate of occupancy?

A certificate of occupancy confirms a building may be legally occupied for a stated use. Who issues it, what it contains, and when you need a new one.

Emma Sukenik8 min read

Lease administration — What is a certificate of occupancy?

A certificate of occupancy is a document issued by a local building department confirming that a structure complies with applicable building codes and may legally be occupied for a stated use. It is usually described as the last step in a construction project, but for anyone who occupies commercial space rather than builds it, that framing undersells it: the certificate is the point where a building becomes legally usable, and in most commercial leases it is also the event that starts financial obligations running.

Who issues a certificate of occupancy?

The authority having jurisdiction issues it, in practice the municipal or county building department where the property sits. Most jurisdictions build their rules on the model codes published by the International Code Council, with Section 111 of the International Building Code setting out the standard framework, though each jurisdiction adopts and amends the model code on its own schedule.

What does a certificate of occupancy contain?

The building permit number and the address
The name and address of the owner or authorized agent
A description of the portion of the structure covered
The occupancy classification, construction type, and design occupant load

The occupancy classification is the field most worth reading and the one most often skipped. It states what the building is permitted to be used for as a code classification, and it is not the same approval for a Mercantile use as for a restaurant with seating under an Assembly classification.

When is a certificate of occupancy required?

New York City’s Department of Buildings puts it plainly: "New buildings must have a CO, and existing buildings must have a current or amended CO when there is a change in use, egress or type of occupancy," and "No one may legally occupy a building until the Department has issued a CO or Temporary Certificate of Occupancy (TCO)." A change of tenant alone, operating in the same classification with no change to egress, generally does not require a new certificate.

Temporary, final, and amended certificates

	What it does	What to know
Temporary (TCO)	Permits occupancy while items remain outstanding	It expires and must be renewed until a final certificate is issued
Final	Confirms the work is complete and compliant	Often the version a lease or TIA draw actually requires, arriving weeks or months after opening
Amended	Updates the certificate when use, egress, or classification changes	Requires whatever work the new classification demands. It is a project, not a filing

Why it matters to an occupier

The certificate usually appears in the lease as a condition on something else: rent commencement, delivery of the premises, an opening covenant, or a TIA release, which is why it often escapes the lease record entirely. Abstract it, track the temporary certificate’s expiry as a critical date with a named owner, and hold the final certificate with the rent commencement date it establishes. See our critical date tracking and what a certificate of occupancy triggers in your lease.

Frequently asked questions

Is a certificate of occupancy the same as a certificate of completion?: No. A certificate of completion generally confirms permitted work finished in compliance with the permit, without authorizing occupancy. A certificate of occupancy authorizes occupancy for a stated use.
Does a certificate of occupancy expire?: A final certificate generally does not expire on its own; it stays valid until the use, egress, or occupancy classification changes. Temporary certificates carry an expiration and must be renewed until a final certificate is issued.
Can a landlord charge rent before the certificate of occupancy is issued?: That depends on the lease rather than the code. Rent commencement is a contractual date, and leases variously tie it to the certificate, to delivery of possession, or to a fixed outside date.
Do all jurisdictions issue certificates of occupancy?: Nearly all require some form of occupancy approval for new commercial construction and for a change of use, but the name of the document and the process differ, so confirm locally rather than assuming.

Emma Sukenik

Emma Sukenik is REAL’s Director of Business Development, focused on how enterprises recover spend across tax, lease obligations, and CAM reconciliations.

Director of Business Development, REAL