In New Jersey, a certificate of occupancy is required before remodeling a home, upon completion of construction, or before a tenant moves into the space.
The Garden State sets this standard to ensure that the property is fit for habitation. If you have any questions or need assistance, our NJ real estate attorney is available to help.
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New Jersey requires that before closing can occur on new construction, the builder or seller obtain a certificate of occupancy from the municipality where the property is located.
For the resale of an existing property, the state does not require sellers to obtain a certificate of occupancy. This is because the requirement is left to the jurisdiction of the municipality where the property is located.
However, New Jersey may require the seller of the property to obtain a certificate of:
Fires can happen anywhere, and the Garden State is no exception. That’s why it’s important to have a smoke certificate in New Jersey.
In New Jersey, a certificate of occupancy is required in several scenarios:
There are 3 main types of these permits when building a property in New Jersey. They are:
Now that you know the main types of certificates for when building a property in the Garden State, you might also like to learn about the different types of houses in New Jersey.
Under the New Jersey Housing Code, occupancy laws include the following provisions:
According to code § 18:3-1.70, each dwelling unit may be occupied by no more than one family and 2 additional persons.
The above code specifies the minimum required habitable area:
These surfaces may vary depending on the city. We therefore recommend that you consult with our experts for a personalized analysis.
According to § 18:3-1.71 and § 18:3-1.72:
Under code § 18:3-1.73, bedrooms must have a minimum clear height of 7 1/2 feet; in attics and upper floors, the minimum height is 7 1/3 feet over at least 1/3 of the floor area.
Code § 18:3-1.75 prohibits the use of basements for sleeping unless certain specific conditions are met. Examples include easy exits to the outside and adequate separation from areas with boilers or furnaces.
Law § 18:3-1.77 establishes that the use of gas-burning appliances in bedrooms is prohibited, except for sealed combustion systems with specific connections.
Typically, the time it takes to obtain a certificate of occupancy is approximately 10 business days.
During this waiting period, you cannot occupy the property until the certificate is issued. If you do, you may be fined $2,000.
The transfer of this certificate must be obtained prior to a closing and/or change of title to the property. Furthermore, when arranging for a transfer permit, the following should be taken into account:
Transfers of certificates or deeds can occur on all types of properties in the Garden State. Do you already know what a quitclaim deed is in New Jersey? We invite you to find out more about this topic in our respective blog.
Typically, the person responsible for obtaining a certificate of occupancy is the property owner or landlord. However, the terms of the lease may require that both the tenant and the property owner obtain the certificate.
It is illegal to proceed with any construction or lease without a certificate of occupancy. Section 52 of the New Jersey Revised Statutes discusses regulations for certificates of occupancy when it comes to any rental or construction.
In order for work to be completed on a property, a certificate of occupancy must be in place to ensure that the space is safe. If you do not have one, you may be required to pay financial penalties for each day that construction work is carried out on the property.
Additionally, if an accident occurs due to instability in the structure, the owner or property owner may be sued.
The consequences of not following the law or rules can arise in any matter. For example, when applying for a loan. Do you know what the requirements are for applying for a mortgage in New Jersey ?
To obtain a certificate of occupancy, the owner selling the property or his or her real estate agent must submit an application available on the Office of Housing Inspections website.
The application fee can range from $100 to $225. Once paid, the office will schedule a home inspection in New Jersey.
After the inspection is completed, the owner or agent will be notified in writing if any violations have been found on the property.
To obtain a certificate of occupancy for a new construction that will be sold immediately after construction, you must wait at least 3 weeks after the final inspection for final approvals.
Such approvals will be issued by the zoning and engineering departments prior to the issuance of the certificate.
Are you a real estate seller? Do you already know exactly how to sell a house in New Jersey? You can find detailed information on this topic on our blog.
A landlord in New Jersey cannot legally collect rent on the property without a certificate of occupancy.
Furthermore, if a property is rented without this certificate, the lease is illegal. This means that if the tenants do not pay the rent, the landlord will not be able to sue them for the unpaid amount. Additionally, the landlord could be fined.
However, non-paying tenants could still be evicted from the premises. They could, however, sue their landlord for renting an illegal apartmen. Check our blog for further information.
A certificate of occupancy in New Jersey is valid for 90 days from the date it was issued.
Certificates of occupancy address 4 important purposes, such as:
Before a homeowner or tenant can occupy or change title to a home, they must meet the following requirements:
Fees vary depending on location as each municipality has its own rates and also depend on how long it takes to obtain a certificate of occupancy.
In general, a certificate of occupancy can range from $75 to over $200.
Typically, there will be a survey fee and additional fees for each inspection performed.
If an inspection is not passed, another fee may be required for a new inspection, in addition to any arrangements that may need to be made for approval.
The costs when it comes to buying a property can be high. You may be thinking about getting a mortgage loan. To do so, we invite you to learn about the different types of mortgage loans in the United States.
In New Jersey, it is possible to sell a home without a certificate of occupancy, but it depends on local circumstances and regulations.
If the property does not qualify for a certificate of occupancy, alternatives may be available, such as a temporary certificate of occupancy or a certificate of title transfer.
These options allow for the transfer of ownership when major repairs are planned, although rules may vary by city.
The Curbelo Law team has a solid track record in the Garden State real estate practice area. With over 10 years of real estate experience, we are prepared to provide proactive support and advice to anyone in this field.
The firm understands how important it is to protect our clients’ investments and contribute to their growth. If you need an expert real estate attorney in New Jersey, Carolina T. Curbelo is here to help.
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