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April 10, 2009
Is there a temporary C of O?
HI. We have a C of O for a 2 family but are gut renovating our brownstone and have initiated the process to change the C of O into a 1 family + commercial space. Our renovations are ongoing on the residential floors and will be complete in 6 months but we want to use the part of the house (garden level) that is for the commercial area now. Can we get a temporary C of O or a partial C of O to start using that space? or do we have to wait until the entire renovation is done and the full C of O (1 family + commercial) is granted? Does our previous C of O let us use the commercial space in the interim? Thanks in advance.
Comments
temporary can only be issued at the end when you are basically done and have been inspected, and completely signed off
Posted by: jp2 at April 10, 2009 4:38 PM
You need to wait for a TCO before using any of the space for commercial. You could use the whole building as a single family but the transition from residential to commercial needs to be accompanied by the TCO.
Posted by: Bessie at April 10, 2009 9:05 PM
I think it depends on what sort of commercial tenant you'll have. How extensive the build out is. The law doesn't state that a space needs to remain vacant before the CO is granted. I live in a loft that had a light manufacturing CO for years but we we were not required to vacate while the new CO was applied for. Both you and a new tenant are working toward the same goal. If there were no dangerous conditions existing in or around the space then I would write a lease reflecting current status with your intention to complete the work in a timely fashion.
Posted by: modsquad at April 11, 2009 6:44 AM
I wouldn't do it, mainly because of insurance liability. Without a CofO, it's impossible to get insurance. Modsquad's post is correct about loft conversions, but that was part of a state law to legalize industrial/commercial buildings as residences while tenants remained in place. There is no such law (that I know of) for single or multi-family homes. If you must do this, I'd talk to a lawyer first.
Posted by: Iris at April 14, 2009 10:27 AM
That is a questions for your architect.
Posted by: jcm at April 14, 2009 2:34 PM
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