Academy/Inspections & Building Safety
Certificates of occupancy
What that piece of paper actually certifies, and what it does not.
A certificate of occupancy documents that a building was inspected and approved for the use stated on it at the time it was issued. It does not update itself, and it is not a live safety rating. After repairs from a milestone or recertification inspection, some jurisdictions only require closing open permits and lifting any vacate order; others may require a new certificate. Ask your building department which applies to your building.
What the certificate actually documents
A certificate of occupancy is issued once, at the point a building department confirms a building or a specific space was built or altered as approved and is fit for the use named on it, such as residential occupancy. That is what it certifies: approval as of that inspection, for that use. It is not a running record of the building's current structural condition, and it does not carry a schedule of its own.
For the general shape of this rule, boards should look to their own locally adopted building code and their building department, since the exact wording and section number vary by jurisdiction. Confirm the specifics with your local building department rather than assuming a national standard applies. [S30]
Why a passed inspection years ago does not mean "still safe today"
This is the gap that trips boards up. A certificate of occupancy from 1985 says the building met code in 1985. It says nothing about deterioration since. That is exactly the gap that milestone inspections, recertification programs, and other periodic inspections exist to close, see Mandatory inspection programs.
When an inspection finds a building unsafe, a model maintenance code frames the outcome as a choice, not a single mandatory path:
"All conditions causing such structures to be classified as unsafe shall be remedied or as an alternative to correcting such conditions, the structure may be vacated and secured against public entry or razed and removed."
Source: Virginia Maintenance Code, 13VAC5-63-490, section 106, Virginia Department of Housing and Community Development
Repair is one recognized outcome, alongside vacate and secure, or demolition. A finding of "unsafe" is not automatically a demolition order.
After repairs, ask this one question locally
Once repairs ordered by a milestone or recertification inspection are done, boards want to know: does the building need a new certificate of occupancy, or is the building simply cleared to reoccupy? Two different things can happen, and this file cannot tell you which one applies to your building:
| Possibility | What it involves |
|---|---|
| Permit closure only | Open repair permits are closed out, and if the building was under a vacate order, that order is lifted. No new certificate is issued. |
| Reissued certificate | The building department requires a fresh certificate of occupancy before reoccupancy, treating the repair as significant enough to re-certify the use. |
Which path applies depends on your state and municipality, and on how significant the repair was. Ask your building department this directly before communicating a move-back-in date to owners, and keep the answer with your repair records.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A 1990s condo building was vacated after failing part of its milestone inspection, and the board has now completed repairs. What determines whether residents can move back in?
What does a certificate of occupancy document?
Five years after a certificate of occupancy is issued, the roof is replaced under permit with no other changes to the building. Does this automatically trigger a new certificate of occupancy?
Sources
- International Building Code, section 105.2.2, Repairs, International Code Council, as adopted and republished by UpCodes
- Virginia Maintenance Code, 13VAC5-63-490, section 106, Unsafe structures and equipment, Virginia Department of Housing and Community Development
- Florida Statute 553.899, Building safety inspection and repair (Milestone Inspections), The Florida Senate
- 40-Year (Building Recertification) Program, Miami-Dade County Regulatory and Economic Resources
Inspections & Building Safety
Want to know what happens if a required inspection or repair deadline gets missed entirely? Read Code violations.
Whether a repair from a milestone or recertification inspection requires a new certificate of occupancy, or only the closing of open permits and lifting of a vacate order, varies by state and municipality. Confirm directly with your local building department.