Who issues your certificate of occupancy
Your local building department or code enforcement office issues the certificate of occupancy — not a state or federal agency. The building department is usually part of your city or county government, sometimes called the Department of Buildings, Building Services, or Code Compliance. You contact the same office that would inspect your home if you were adding a room or replacing your roof.
If you do not know which office that is, call your city or county clerk's office and ask for the building department's phone number and address. Many departments now have online portals where you can request documents without visiting in person.
Key Takeaways
- Your local building department issues certificates of occupancy; find the right office by calling your city or county clerk.
- If you own the property, you can request the certificate directly; if you rent, your landlord holds it and you may need to ask them for a copy.
- The building department can tell you in one phone call whether a certificate exists on file for your address.
- If no certificate is on file, the building department will explain what inspections or repairs are needed before one can be issued.
- Certificates issued decades ago may be stored in paper files rather than digital records, so allow extra time if your building is older.
How to request a certificate if you own the property
Call your building department and give them your street address. Ask whether a certificate of occupancy is on file. If one exists, ask how to receive a copy — most departments will mail it, email it, or let you pick it up in person. Some charge a small fee (usually under $25) for a certified copy; others provide it free.
Have your property deed or tax assessment notice handy when you call, in case the department asks you to prove ownership. If the building is commercial or was recently renovated, the department may ask for the year the work was completed, because that helps them locate the right file.
What to do if you rent and need a copy
Ask your landlord for a copy of the certificate of occupancy. Landlords are required to keep this document on file in most states, and many will have a copy readily available. If your landlord cannot locate theirs, they can request a copy from the building department using the same process a homeowner would.
If you need the certificate for a specific reason — such as proving the unit is legal for your lease — and your landlord is unresponsive, contact your local housing authority or tenant rights organization. They can advise whether you have a right to see the certificate and how to enforce that right.
When the building department has no record
If the building department tells you no certificate is on file, ask what that means for your property. In some cases, the building is old enough that the certificate was issued before digital records existed and is stored in paper archives — the department may need a few weeks to locate it. In other cases, no certificate was ever issued because the building was constructed before the certificate system existed in your jurisdiction.
If the building department says a certificate cannot be issued without inspection or repairs, they will explain what is required. This usually means the building does not currently meet code, and you would need to hire a contractor to bring it into compliance before the department will issue the certificate. Ask the department for a written list of what needs to be fixed, because this becomes your roadmap for repairs.
Getting a new certificate after renovation or repair
If you have recently completed work on the property — a major renovation, addition, or repair — you need a new certificate of occupancy from the building department. Contact the department and tell them the work is finished. They will schedule an inspection to verify the work meets code.
Before you call, gather the permits and inspection reports from the work itself. The building department will want to see that the project was permitted and inspected during construction, not done without permission. Once the final inspection passes, the department will issue a new certificate.
Digital records and older buildings
Most building departments have digitized records from the last 20 to 40 years, depending on the city. If your building is older, the certificate may exist only in paper files stored in a basement or off-site archive. Call the building department and ask how far back their digital records go. If your property predates that, ask how long it typically takes to retrieve a paper file — it could be a few days to a few weeks.
Some departments charge a retrieval fee for paper records, usually $10 to $50. Ask about this when you call, so you know what to expect.
What to do if you need the certificate urgently
If you need the certificate for a mortgage, sale, or insurance important date, tell the building department when you call. Many departments will prioritize requests if you explain the timeline. You can also ask whether they can issue a letter stating that a certificate exists on file, even if the physical copy takes longer to produce — some lenders and insurers will accept this temporary proof.
If the building department cannot meet your important date, ask whether you can pick up the certificate in person rather than waiting for mail delivery. Some offices will have it ready the same day or within 24 hours if you visit.
Frequently Asked Questions
Do I need a certificate of occupancy to sell my house?
Requirements vary by state and locality. Some states require it as part of the sale process; others do not. Your real estate agent or the title company handling the sale will tell you whether your buyer's lender requires one. If it is required and you do not have it, contact your building department when ready — they can tell you what is needed to obtain one.
Can I get a certificate of occupancy for a building that does not meet current code?
No. A certificate means the building meets code standards. If the building does not meet code, the department will not issue one until repairs are made. However, if the building was built before certain code requirements existed, it may be "grandfathered in" and exempt from those rules — ask the building department whether that applies to your property.
What if the building department says my property never had a certificate?
This usually means the building was constructed before your jurisdiction required certificates of occupancy, or it was built without a permit. Ask the department whether the building can be brought into compliance and what steps that would take. In some cases, you can obtain a retroactive certificate after inspection and any necessary repairs.
How long does it take to get a certificate of occupancy?
If the certificate is already on file and you are just requesting a copy, it usually takes a few days to a few weeks depending on whether records are digital or paper. If the building needs inspection or repair before a certificate can be issued, the timeline depends on the scope of work — ask the building department for an estimate based on your specific situation.
Can I request a certificate online?
Many building departments now allow you to request copies of existing certificates through their website or online portal. Search "[your city] building department certificate of occupancy" to see whether your local office offers this option. If not, a phone call is usually the fastest way to find out whether a certificate exists.