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New build for a vacation home in Suffolk County. Home is almost complete. Neighbors said it took years to get their Certificate of Occupancy but they lived there while waiting. Can this be true? Any downsides to this?
Two separate (yet somewhat related questions);
1- Can I live in the home without a CofO? Would there be any downside to this? For example, when they come to do final walkthrough could they ask me to pack up and move before they complete walk through and issue CofO?
2- Currently house has builders insurance (which I'd assume I'd have to modify to homeowners once I move in). I will only modify the policy once all contracting work is complete. Will insurers write a policy without a CofO?
I know I need the CofO before selling the property, but that is of no concern to me. I will not sell for a decade at least (thus plenty of time to get the CofO issued).
PS- who issues final CofO? Local town of Suffolk County building department?
Certificate of Occupancy is issued by the Authority Having Jurisdiction over building. Whoever issues your building permit and has been handling inspections will issue pending final inspection.
You may not occupy the premises without the CO. As the owner, you can't be removed, but would be open to daily citations and fines if found in violation. NYS Code violations may carry fines as high as $1,000 per day in violation. I would be more concerned about the insurance company dropping you altogether, or not covering for any incident which occurs while occupying the premises in violation of the CO.
More often used for commercial occupancies, but you could look into a Temporary CO with the township/village if there is some minor issue holding you up. Just an example, heating system not active but will not cause issue during the summer as the home would be able to maintain required temperature without.
The township or village will issue the final C/O. It’s the same Gov idiots who do your inspections.
I lived in my home for 11 months w/o a C/O. I had furniture in the home during final inspections. I think it all depends on the person. The town inspectors I dealt with didn’t care about anything other than what they where there to do. They did final inspections signed off gave us the passed paper and left. This happened 3x as plumbing need to do final and check cm and smoke detectors.
We had house insured as I’m the home we complete but municipal BS held up the issuing of the C/O.
The town isn’t coming by and stalking you, get insurance snd move in. You paid allot of $$ not to enjoy the home because the town or village is slow and incompetent.
Rather than just pile on with more of the above replies, I have a question. Why on earth would you build a vacation home on LI? I know how beautiful the east end can be, but golly that is one huge expense both building and living. I am a retired former LI'er who still happens to love the island.
Certificate of Occupancy is issued by the Authority Having Jurisdiction over building. Whoever issues your building permit and has been handling inspections will issue pending final inspection.
You may not occupy the premises without the CO. As the owner, you can't be removed, but would be open to daily citations and fines if found in violation. NYS Code violations may carry fines as high as $1,000 per day in violation. I would be more concerned about the insurance company dropping you altogether, or not covering for any incident which occurs while occupying the premises in violation of the CO.
More often used for commercial occupancies, but you could look into a Temporary CO with the township/village if there is some minor issue holding you up. Just an example, heating system not active but will not cause issue during the summer as the home would be able to maintain required temperature without.
Generally when I Google answers this is what I read. One cannot do it (legally) and fines could be exorbitant. Imagine my neighbor who paid millions for their home and had to wait 4 years to move in. Who can pay millions for a home and then pay for a second home to live while waiting years for the CO to be issued? On the other hand who can afford fines of $365,000 per year?
I wonder how far along one must be to get a temp CO issued? Probably a case by case thing.
Quote:
Originally Posted by gx89
The township or village will issue the final C/O. It’s the same Gov idiots who do your inspections.
I lived in my home for 11 months w/o a C/O. I had furniture in the home during final inspections. I think it all depends on the person. The town inspectors I dealt with didn’t care about anything other than what they where there to do. They did final inspections signed off gave us the passed paper and left. This happened 3x as plumbing need to do final and check cm and smoke detectors.
We had house insured as I’m the home we complete but municipal BS held up the issuing of the C/O.
The town isn’t coming by and stalking you, get insurance snd move in. You paid allot of $$ not to enjoy the home because the town or village is slow and incompetent.
Thank you for your personal experience. Alternatively to Googling responses, when I speak with people this is generally the advice I receive (and the personal stories I've heard). People just move in and get the CO while there (not worrying about how long the municipal BS takes). Apparently it really is up to the individual inspector who cares (or not).
This leaves me back where I started before posting this thread. Some say do it and others scare me with code violations of $365,000 per year and cancelled insurance.
On the insurance side I could just keep the builders insurance active, and keep my renters insurance active for my things (covered worldwide) until CO is issued. That's how it's set up now, perhaps no need to change it. Hmmm.
Quote:
Originally Posted by nuts2uiam
Rather than just pile on with more of the above replies, I have a question. Why on earth would you build a vacation home on LI? I know how beautiful the east end can be, but golly that is one huge expense both building and living. I am a retired former LI'er who still happens to love the island.
Ha! And let's not forget the added expense (inflation) and scarcity of workers during Covid times! The cost is absurd for sure. But my family lives nearby and summers with them makes it worthwhile. Time isn't on anyone's side and money is a tool to live the life we want while we're able. Should the expense(s) become unbearable the house can be sold. Based on housing inflation I believe the house is already worth more than I paid. Regardless, it's an asset that can be liquidated (or rented) if need be. Until then, I get to enjoy family time while I'm able to enjoy it.
Generally when I Google answers this is what I read. One cannot do it (legally) and fines could be exorbitant. Imagine my neighbor who paid millions for their home and had to wait 4 years to move in. Who can pay millions for a home and then pay for a second home to live while waiting years for the CO to be issued? On the other hand who can afford fines of $365,000 per year?
I wonder how far along one must be to get a temp CO issued? Probably a case by case thing.
Thank you for your personal experience. Alternatively to Googling responses, when I speak with people this is generally the advice I receive (and the personal stories I've heard). People just move in and get the CO while there (not worrying about how long the municipal BS takes). Apparently it really is up to the individual inspector who cares (or not).
This leaves me back where I started before posting this thread. Some say do it and others scare me with code violations of $365,000 per year and cancelled insurance.
On the insurance side I could just keep the builders insurance active, and keep my renters insurance active for my things (covered worldwide) until CO is issued. That's how it's set up now, perhaps no need to change it. Hmmm.
Ha! And let's not forget the added expense (inflation) and scarcity of workers during Covid times! The cost is absurd for sure. But my family lives nearby and summers with them makes it worthwhile. Time isn't on anyone's side and money is a tool to live the life we want while we're able. Should the expense(s) become unbearable the house can be sold. Based on housing inflation I believe the house is already worth more than I paid. Regardless, it's an asset that can be liquidated (or rented) if need be. Until then, I get to enjoy family time while I'm able to enjoy it.
Great reply and one I do understand. I would have never left LI, expensive or not, if I had family there. I had one sister who followed us here. DH still had his family largely on LI and ex covid we do visit.
The towns are hard pressed to fine people for living in their homes without a CO when they are generally the ones creating delays. We lived in our house in GC without a CO for years and the village knew we were there. I know a lot of people who have done it - people purposely don't close the permit to delay the tax implications.
I would have a chat with your insurance agent. There's more to HO insurance than just your belongings. I'm also sure your carrier would have questions why your belongings are in your actual house that is uninsured instead of a rental property you are no longer living in.
The towns are hard pressed to fine people for living in their homes without a CO when they are generally the ones creating delays. We lived in our house in GC without a CO for years and the village knew we were there. I know a lot of people who have done it - people purposely don't close the permit to delay the tax implications.
I would have a chat with your insurance agent. There's more to HO insurance than just your belongings. I'm also sure your carrier would have questions why your belongings are in your actual house that is uninsured instead of a rental property you are no longer living in.
All townships are assessing now c/o or not! I got assessed before c/o was issued and a sale price was public info. They overassessed me, so I filed a grievance and got a 2k reduction, got the official new tax bill in the mail last Thursday! There is no real reason to delay a C/O from the owners standpoint. These local Gov’s just suck and can’t get things done in a timely manner.
All townships are assessing now c/o or not! I got assessed before c/o was issued and a sale price was public info. They overassessed me, so I filed a grievance and got a 2k reduction, got the official new tax bill in the mail last Thursday! There is no real reason to delay a C/O from the owners standpoint. These local Gov’s just suck and can’t get things done in a timely manner.
In Nassau the assessment is done at the county level, without direct involvement of the AHJ or a thorough check of building records. They'll tax based on what they presume is present. In my experience as a code official, if led to A LOT of confusion regarding legal vs illegal 2-family occupancies (taxed as 2 family, but never received a building permit for the use... one dwelling went 50 years before someone complained about the accessory apartment and caused an investigation).
Suffolk may be at the township/village level, so they'll have access to building records, but it would also require different departments to communicate with each other, as well as gives the AHJ the option to tax based on work that is substantially completed but not yet totally done.
The towns are hard pressed to fine people for living in their homes without a CO when they are generally the ones creating delays. We lived in our house in GC without a CO for years and the village knew we were there. I know a lot of people who have done it - people purposely don't close the permit to delay the tax implications.
I would have a chat with your insurance agent. There's more to HO insurance than just your belongings. I'm also sure your carrier would have questions why your belongings are in your actual house that is uninsured instead of a rental property you are no longer living in.
I'm fine paying taxes. I'm not keeping (or desiring to keep) permits open. In fact, I'd rather get the CO and pay taxes.
Re my stuff, it is not solely in the house. This is a vacation house and has new stuff. I also have other stuff in my Florida rental as well as some stuff in a storage facility. My renters policy covers my stuff worldwide. But I agree, my stuff isn't my big worry, it's getting insurance against fire/flood/earthquake against the vacation house and liability against someone getting hurt on property (currently all covered by builders insurance).
Quote:
Originally Posted by gx89
All townships are assessing now c/o or not! I got assessed before c/o was issued and a sale price was public info. They overassessed me, so I filed a grievance and got a 2k reduction, got the official new tax bill in the mail last Thursday! There is no real reason to delay a C/O from the owners standpoint. These local Gov’s just suck and can’t get things done in a timely manner.
So interesting. May have to look into a grievance. Figure it can't hurt with stories like these.
Quote:
Originally Posted by RPC324
In Nassau the assessment is done at the county level, without direct involvement of the AHJ or a thorough check of building records. They'll tax based on what they presume is present. In my experience as a code official, if led to A LOT of confusion regarding legal vs illegal 2-family occupancies (taxed as 2 family, but never received a building permit for the use... one dwelling went 50 years before someone complained about the accessory apartment and caused an investigation).
Suffolk may be at the township/village level, so they'll have access to building records, but it would also require different departments to communicate with each other, as well as gives the AHJ the option to tax based on work that is substantially completed but not yet totally done.
That's interesting. I believe Suffolk is at the village/town level. So they know I'm here and have already approached me to pay taxes. Perhaps that puts me in a good situation if I decide to proceed without CO; "hey, look, I'm paying taxes... it's you guys that haven't issued CO".
Does anyone know how far along a home has to be for CO to be issued? 100%? If it's 95% is that when a Temp CO comes into play?
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The cost is absurd for sure. But my family lives nearby and summers with them makes it worthwhile. Time isn't on anyone's side and money is a tool to live the life we want while we're able. Should the expense(s) become unbearable the house can be sold. Based on housing inflation I believe the house is already worth more than I paid. Regardless, it's an asset that can be liquidated (or rented) if need be. Until then, I get to enjoy family time while I'm able to enjoy it.
