C.O.O. Needed for Substantial Completion ?
It is typically understood that the owner can move into the building for its intended use after it is deemed substantially complete by the Architect. However, is the certificate of occupancy needed prior to substantially complete, or does it happen concurrently or anytime prior to final completion? I am aware that not all buildings require a certificate of occupancy but apartment buildings and offices do, and my question is geared more towards the sequencing of events.
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Robert,
A C of O is required if the owner is physically going to occupy the space, even if construction is technically still going on. I don't know that there is a "contractual" answer to your question however, it's on a case by case basis. It depends on if there's an agreement with the contractor that the owner will in fact want to move in prior to Final Completion, but after Substantial Completion. At the end of the day, the AHJ is going to say that no one is occupying this space until C of O is issued.
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David is correct, all buildings require a certificate of occupancy before the owner or any occupants can move in.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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