Experienced Real Estate Attorneys Discuss Certificates of Occupancy in Monmouth County, NJ

In New Jersey, a home or retail property is required to obtain a Certificate of Occupancy upon completion of construction, before initiation of repair and remodel construction, and before any new tenant moves into the space. In the case of private homes, New Jersey’s municipal Offices of Housing Inspections and their representative Construction Officials (for new building projects) issue the Certificates of Occupancy and Approval. In addition to smoke detector regulations and other requirements for the sale of a home in New Jersey, some municipalities also require a Certificate of Occupancy (CO) to complete the property’s sale.

When dealing with real estate transactions and related matters, there are a variety of concepts, documents, deadlines, and critical information to keep in mind every step of the way. Given the importance of these matters for your personal, professional, and financial well-being, it is highly recommended to retain a skillful real estate lawyer who is well versed in the topic and handles this type of information on a day-to-day basis. Either for selling or buying a property, having a legal professional who is up to date with the State regulations and requirements can ensure you are protected and fully informed as you move along until the closing of the transaction. The dedicated real estate lawyers at Chamlin, Uliano & Walsh have spent years assisting clients in Rumson, Long Branch, Monmouth Beach, Point Pleasant, Ocean Township, Red Bank, Middletown, and other towns throughout Monmouth County and along the Jersey Shore.

We offer an initial free consultation to explore your possible real estate scenarios and what you’ll need to preserve your interests moving forward. Contact our local office in West Long Branch by calling (732) 440-3950. You can also contact us here and leave your information so a member of our team can get in touch with you right away.

When is a Certificate of Occupancy Required in New Jersey?

There are a number of cases in which it is required for a homeowner to obtain a Certificate of Occupancy. In order to apply for the installation of any municipal services such as electricity, plumbing, and water, the owner must obtain a Certificate of Occupancy.

Also, most municipalities in New Jersey require that a landlord obtain a Certificate of Occupancy upon receiving an inspection by the Office of Housing Inspections, affirming that the building structure is safe for occupation when each new tenant moves into the property. The Certificate of Approval will allow for the property to be rented to a new tenant.

In some cases, a Certificate of Occupancy is required during the sale of a house. Depending on the local regulations within the specific town or city where the home is located, a Certificate of Approval is required for change of ownership of a home, and a home inspection rendering a Certificate of Occupancy is required for such a transfer. Additionally, if any repairs must be done on the house, the current owner will need to obtain a Certificate of Occupancy so that workers are protected as they engage in repair and renovation projects.

And, any property owner, whether the structure has just been built or whether it has been purchased, will need to obtain a Certificate of Occupancy to legally establish the property.

Relevance of a Certificate of Occupancy in NJ

A Certificate of Occupancy is important because it is directly tied to your legal ownership of the property and your protections as such. As noted above, it is also required for a number of fixtures to be installed in the home, as well as to welcome in new tenants in a rental property, and even for closing on the sale of a house in many municipalities around New Jersey.

It is illegal to move forward with any building or tenancy projects until a Certificate of Occupancy and Approval are obtained. Steep fines can be issued by the municipal Inspections Department in the absence of a Certificate of Occupancy if such activities occur without one.

New Jersey Revised Statutes Title 52 discusses Certificates of Occupancy state regulations regarding the necessity of a Certificate of Occupancy or Approval by an enforcement agency, which includes the municipal Office of Housing Inspections when it comes to private and rental homes.

Consequences Due to the Lack of a Certificate of Occupancy

In order for work to be completed on your property, you must have a Certificate of Occupancy ensuring that the space is safe. As such, you can pay financial penalties for each day that construction or renovation work occurs on your property in the absence of a Certificate of Occupancy. In addition, if an accident happens due to a structural instability on your property, you can be sued for contracting on unsafe premises.

How Can I Get a Certificate of Occupancy?

A person may apply for a Certificate of Occupancy by applying with the local municipality’s Office of Housing Inspections. The application will need to be accompanied by a fee, at which point the Office of Housing Inspections will visit the property to determine that it is structurally sound for occupancy. Confirming such circumstances, the municipality can provide the Certificate.

Timeframe to Get a Certificate of Occupancy in New Jersey

The time in which a property inspection will occur and Certificate of Occupancy will be issued differs among municipalities in New Jersey. However, generally speaking, a Certificate of Occupancy will be issued within one to two business weeks after submission of the application.

Seek Guidance on Certificates of Occupancy from our Qualified Real Estate Lawyers serving Wall, Howell, Neptune, Rumson and other Jersey Shore communities

Our Monmouth County, New Jersey team at Chamlin, Uliano, & Walsh has extensive experience in real estate law, including representing home and property owners and buyers as they pursue their real estate ventures. When it comes to real estate law, proactive, knowledgeable support is key to ensuring that all t’s are crossed, and all i’s dotted in any project, which can make a difference of thousands of dollars in gains, savings, and avoided penalties.

At our firm, we understand the importance of protecting your investments and growing with them. If you are in need of a real estate lawyer, we’d be happy to represent your best interests and give you the most comprehensive view of your particular matter. We successfully represent clients across Lake Como, Holmdel, Tinton Falls, Lavallette, Manasquan, Belmar, and throughout Ocean and Monmouth County, New Jersey, to navigate the real estate market, the legal requirements therewith, and enforcement agencies’ regulations swiftly.

Contact us at  (732) 440-3950 or fill out our online contact form for a free consultation to discuss your needs today.