2007 built two family home - original owner never got CO. If we buy it is there any way we couldn't get the CO? (Hope: apartments, insurance)

[GL2019]

Hello, We are looking at buying a 2007 built two-family home in Brooklyn that the original owner never got the CO for. The owner said the developer promised to get the CO, but then ran off. The owner has started the process of getting the CO with a licensed engineer. The engineer has submitted new drawings/plan to NYC DOB - the new plan was approved Nov, 2018, which allows the engineer to supersede the original plan. The final plumbing, final electrical, and final construction were approved back in 2007. We had an architect assess the building/exterior to make sure it was built according the the approved original plan and zoning code - he said it was okay.

So this all looks promising for us finally getting the CO, however, this is a big purchase for us and we are concerned that somehow, something unforeseen could get in the way of us getting the CO. We know it could take a longer time, and cost more money for inspections/changes. But does it ever happen that a building like this ends up with such unforeseen/serious problems that can't be modified, that it is impossible to get a CO?

Thanks for any input.

[SeventhFloor]

Originally Posted by GL2019

Hello, We are looking at buying a 2007 built two-family home in Brooklyn that the original owner never got the CO for. The owner said the developer promised to get the CO, but then ran off. The owner has started the process of getting the CO with a licensed engineer. The engineer has submitted new drawings/plan to NYC DOB - the new plan was approved Nov, 2018, which allows the engineer to supersede the original plan. The final plumbing, final electrical, and final construction were approved back in 2007. We had an architect assess the building/exterior to make sure it was built according the the approved original plan and zoning code - he said it was okay.

So this all looks promising for us finally getting the CO, however, this is a big purchase for us and we are concerned that somehow, something unforeseen could get in the way of us getting the CO. We know it could take a longer time, and cost more money for inspections/changes. But does it ever happen that a building like this ends up with such unforeseen/serious problems that can't be modified, that it is impossible to get a CO?

Thanks for any input.

Get an architect to help you get the final CO.

[GL2019]

Thanks, our architect said we should really use the engineer who the original owner has gotten started on the job of getting the CO. Our architect said it would cost much more for him to take over, since the engineer has already submitted a new plan that was accepted in Nov 2018 to supersede the original plan.

[SeventhFloor]

Money talks

If you're planning to stay there over 10 years dont cheap out.

[GL2019]

We are willing to spend whatever time/money it takes. Our only question is whether there is any way possible that NYC would determine there were such major problems with the building that couldn't be improved/changed so we would not get the CO.

[BBMW]

How are you financing this? I doubt a bank would give you a mortgage without a C of O. I doubt you could get title insurance. And I have no idea what crap the city could give you about it. I would think they could potentially issue a vacate order.

[BugsyPal]

Originally Posted by GL2019

We are willing to spend whatever time/money it takes. Our only question is whether there is any way possible that NYC would determine there were such major problems with the building that couldn't be improved/changed so we would not get the CO.

You are asking questions on one here can give an definite answer. Without a valid C of O building technically is illegal and should not or cannot be occupied. Response from the DOB is their own affair and will only be known once process has begun to obtain proper paperwork.


There is nothing anyone here or elsewhere can tell you other than hearsay, and or perhaps their own experiences if ever having been in same situation.


Willing to spend any sums of money or whatever doesn't apply either outside of fees to city, engineers and other professionals as part of obtaining necessary permits/paperwork.


https://www.brickunderground.com/buy...-occupancy-nyc


https://www1.nyc.gov/site/buildings/...occupancy.page

[GL2019]

Thanks, BBMW, we would be paying cash, then getting a mortgage after we get the C of O. The two units are both occupied, and the city must know because they assessed the building in the last year, and they didn't issue a vacate order.

When you say the city could give us crap, do you mean they could potentially condemn the property? Or they could just ask us to do more inspections, make some interior changes, etc? We are willing to assume the risk of having to do a bunch of crap the city wants for the C of O, we just don't want to buy the place and have it deemed unlivable, and incapable of getting a C of O.

[BugsyPal]

Originally Posted by GL2019

Thanks, BBMW, we would be paying cash, then getting a mortgage after we get the C of O. The two units are both occupied, and the city must know because they assessed the building in the last year, and they didn't issue a vacate order.

When you say the city could give us crap, do you mean they could potentially condemn the property? Or they could just ask us to do more inspections, make some interior changes, etc? We are willing to assume the risk of having to do a bunch of crap the city wants for the C of O, we just don't want to buy the place and have it deemed unlivable, and incapable of getting a C of O.

By law a building is not supposed to be occupied without a valid C of O when required. City won't "condemn" such a property, but DOB *can* issue a vacate order that will remain valid until they determine situation is corrected.


https://www1.nyc.gov/site/buildings/...s-vacates.page


https://www.brickunderground.com/ren...cate-occupancy

Applicable laws: https://nycadmincode.readthedocs.io/t28/c01/art118/


It is very unwise to assume any agency of NYC government "must know" anything. This and or that one agency communicates swiftly and completely with another.


Assessments are done for tax purposes. People have done all sorts of things to their property (converting one family into two, adding basement apartments, etc...) and still home was assessed as a single family or whatever property. It isn't until someone drops a quarter on them, and or otherwise DOB becomes aware that they usually get involved.


Using links provided you can easily search DOB database for property in question. There you will find all the information you need to know.


Even if you pay cash for the property, attempting to pull the money out of it (getting a mortgage) may require a title search and or otherwise someone wanting to see a valid C of 0.

[dosun]

Originally Posted by GL2019

We are willing to spend whatever time/money it takes. Our only question is whether there is any way possible that NYC would determine there were such major problems with the building that couldn't be improved/changed so we would not get the CO.

As long as you are willing to spend the time and money (including any additional construction costs) then you should eventually be able to get a CO. Keep in mind the zoning laws have changed since 2007 and your two family may not qualify if it doesn't meet the new zoning laws. It sounds like a huge headache to take on. Hopefully this are getting a deep discount for the troubles.

Also don't annoy anybody in your neighborhood. One complaint to the DOB and you'll be paying for a vacant house until you get your CO fixed.