Can You Sell a House Without a Certificate of Occupancy?

Can You Sell a House Without a Certificate of Occupancy

Everyone deserves to know that where they are living is safe. This is why regulations have been put in place in many places to ensure that home sellers disclose all the information about the safety of the premises they are selling. It is the reason why a certificate of occupancy(CO) exists.

A certificate of occupancy is a document confirming the building structure’s safety, whether it is a house or office building. It also has the owner and the property address. Apart from the above-mentioned, a certificate of occupancy also contains the following:

The specific use and type of property: It is how the premise has been classified from a zoning point of view. This shows whether the building is residential, commercial, industrial, retail, or mixed-use. It guarantees that the building is used appropriately.

Verifying if the standards of the building are up to code: It acts as a supporting document for the compliance of the building with housing and building codes.

Confirms if the property is fit for occupation: It confirms that the property has been inspected and conforms with the codes and standards a local authority sets concerning building structure occupancy. A property cannot be legally occupied without a certificate of occupancy.

Depending on your jurisdiction, you might be forced to have a certificate of occupancy before selling your house. On most occasions, heavily renovated and newly constructed buildings require a certificate of occupancy.

Depending on your location, some factors determine whether you will need to fill out an occupancy application. It is required in Colorado.

Table of Contents

When You Need a Certificate of Occupancy

Transformed Spaces

Different types of buildings require different types of certificates since they are constructed for different purposes. A commercial and a residential building will use different certificates. A single-family home, a multifamily home, or a condo will use varying certificates showing the property’s details.

Your certificate of occupancy should resemble the use of your premise. In case you are converting a commercial property to a residential property, you must ensure that the code change is reflected on the certificate of occupancy.

Major Renovations

If you have renovated a condemned house, you will have to get a certificate of occupancy. Depending on the quantity and type of work done on a premise during remodeling, you will still need to get a certificate of occupancy.

If your municipality requires a certificate of occupancy and your property did not have it earlier, you must get one before selling the property (it involves any change made on the building to bring it up to code).

New Building

A certificate of occupancy must accompany the sale if you have constructed a new building with the sole intention of selling it.

Jurisdictional Approval

Every municipality has its own rules and regulations. Some municipalities do not issue certificates of occupancy for residential purposes (such as Shreveport city, Louisiana), while others require a new one each time you relocate. It is best to consult your local government to be familiar with their specific policies.

Using Already Existing Documents

You can use the certificate of occupancy you acquired when you built the house unless the housing and building codes changed or you did major renovations. To get a certificate of occupancy, you need to visit the local zoning or building department. You can also google the building department’s contact information on the internet and give them a call.

When doing construction, you should apply for an occupancy certificate before starting any work. This does not mean the certificate will be available immediately. On the contrary, you will wait for an occupancy inspection to be done before the certificate is issued. The local authority must ensure that the building is safe for occupation.

Before your property is issued with a certificate of occupancy, it must pass a few inspections ranging from plumbing, electrical, fire safety, and general building inspection. All these are carried out by trained and professional inspectors working under the local government.

There is a possibility that your property may not pass the occupancy inspection the first time around, but it should not alarm you. The authorities will issue a list of all you have not achieved and give you a period, for example, 60 days, to comply.

Once you are done, you can call again and request approval. This will cost you extra, but finally, you get the certificate of occupancy.

If you are in a jurisdiction that demands the certificate of occupancy and failed to acquire one, you risk incurring fines or being sued by the town. The fines levied accrue depending on each day you had the property without the certificate.

occupancy certificate oc

What If You Don’t Have a Certificate of Occupancy?

Selling without a certificate of occupancy brings legal barriers depending on your jurisdiction. It is impossible to sell a brand new building without a certificate of occupancy, but in some jurisdictions, they may allow the sale of a single-family home without the certificate.

However, the buyer might have issues with their mortgage lender because they may not be willing to finance the purchase if they have doubts about the building’s condition.

A building inspector must ensure that your building matches the plans you submitted to the authorities and does not violate the building codes.

If the building inspector thinks that your building is not up to code, they will let you know about the renovations and alterations you need to do to get the certificate.

In some cases, your building may be compliant, but you failed to acquire the occupancy permit you needed. The inspector or building official will demand you apply for and obtain all the permits before issuing you a certificate of occupancy.

Steps After Acquiring Certificate of Occupancy

Despite having a certificate of occupancy, you will still have to meet other requirements before you can sell your house. Some jurisdictions require a fire inspector’s approval. They check the number and placement of smoke detectors and see if they are adequate and accurately placed.

To be on the safe side and avoid losing the sale due to last-minute problems that need fixing, you need to schedule the occupancy inspection early.

You may incur two major costs in obtaining a certificate of occupancy for your residential property:  the inspection fee and the repair costs.

Inspection Fee

The seller is mandated to settle this fee. It is their prerogative to prove that the house they intend to sell is safe to occupy before putting it on the market.

The seller is responsible for not only the initial fee but any subsequent fees that may arise in ensuring the residential property is up to code.

The cost incurred will depend on the building’s size and location, but generally, the seller will spend approximately $100. However, in most cases, these expenses are attached to the selling price as transfer fees.

Cost of Repair

The seller and the potential buyer may decide to negotiate and split the cost of repairs to the building between themselves. But you should ensure that all the repairs are done unless you agree with the buyer that they are willing to be responsible for them for continued occupancy.

However, you might be exempt from these costs. Suppose the building is bank-owned, or you are selling the property as is. In that case, the buyer is liable for the costs associated with acquiring the certificate of occupancy, including the cost of inspection and repairs. All these must be stated in the sales agreement.

Before putting your house up for sale, you need to reach out to the municipality through their building and zoning department to learn about their demands and requirements – if you need a certificate of occupancy or not.

Bottom Line

Acquiring a certificate of occupancy is not an easy task. It may even be costly, especially if you need a few inspections. The rules about this certificate vary depending on your jurisdiction.

You might be lucky if your local authority does not demand it. However, if it is needed, there is no way around it, and you must go through the procedure for obtaining a certificate of occupancy.

Some real estate agents may be willing to buy your property and take care of all the expenses associated with acquiring a certificate of occupancy. This means you can get maximum returns from the sale of your house.

These real estate agents are aware of the vigorous process of obtaining a certificate of occupancy, especially in Denver, where you will have to visit various government agencies at various levels, such as federal, state, county, and local offices.

To sum up, you should not assume anything when you want to sell your house. You need to know all the policies concerning property sales in your area to get into the right deals with the potential buyer.

WeBuyHousesInDenver.org is the best cash for houses in Denver with no closing costs. We We are a Denver home buyer, a cash buyer  and we have a proven track record of fast and easy home buying, and we’re ready to help you. Contact us today!

solution-to-sell-your-house-on-your-terms

Your Solution to Selling a House Without a Certificate of Occupancy

You can sell your house if you do not have a certificate of occupancy. We buy houses from all people as a cash buyer; in fact, we will buy any house in any condition or situation! Of course, a person with dementia can offer unique challenges. 

We pay cash for houses and will buy your house if the deal works for everyone involved. 

WeBuyHousesinDenver.org is a cash-for-houses company based right here in Denver. We are expert home buyers in Denver and all of Colorado. Our mission is to make selling your house quick and painless. PLUS, the best part is we will give you a fair offer, Denver!  We Buy Houses In Denver is here to provide the people of the Mile High city with the best-selling solution.  

BENEFITS FOR YOU WITH OUR PROVEN PROCESS: 

When you sell your house to us, there are:

cash offerNO Fees, and we cover all the typical closing costs. 

we-buy-houses-for-cashNO Stress because you know what is happening at all times – you are in control!

sell my house for cashSell your house fast and for easy cash. 

There are even more benefits when you sell a house to  WeBuyHousesInDenver.org, including:

cash-buyerSell your home as-is (no repairs)

we pay cash for housesPay nothing out of pocket

expert real estate buyerSell fast – you pick the closing date

honest real estate investorSell for cash – no bank fees or financing delays

Professional home buyer100% Free – no cost and NO STRESS!

This is how selling a house in Denver should be!

Fill out the form to get your no-obligation cash offer today from Denver’s best cash home buyer. 

Denver's Trusted
Cash Home Buyer

solution-to-sell-your-house

More Scintillating Articles About Real Estate

The latest real estate news, forecasts, insight, and advice are brought to you by the leading authorities in the Denver housing market. We have ears and boots on the ground in the Mile High reporting the facts. Extensive research goes into all our articles and we gather information from trusted real estate experts, renowned local Denver housing specialists, home buyers, and more. We buy houses Denver and as accomplished professionals with a proven track record, we now want to share our experiences with you.   Please enjoy!

best-solution-to-sell-your-house-in-Denver-