A new NYC condo can close with a temporary certificate of occupancy (TCO), but that certificate does not establish that every promised feature is finished. New York’s condominium offering-plan rules expressly contemplate closings before a permanent certificate is obtained. The offering plan, purchase contract and any lender conditions still need separate review.

For buyers, buyer agents and developer closing teams, the task is to connect the issued certificate’s coverage and expiration date with the transaction’s requirements. Work through the legal questions with your New York real-estate attorney.

1. Download the issued certificate

Follow the New York City Department of Buildings (DOB) certificate lookup instructions:

• For requests on or after March 1, 2021, search the property address in DOB NOW. Open Certificate of Occupancy on the Property Profile page, inspect the details and floor-use records, and select Print.
• For earlier requests, search the Buildings Information System (BIS), select View Certificates of Occupancy, and open the issued PDF.

Save the complete document and record the date you checked it. A pending application or an approved construction plan is not an issued occupancy certificate. Check again near closing and move-in.

2. Match the approval to your unit and common areas

A TCO can cover limited space on one or several floors. DOB’s February 2021 occupancy training explains that the printed certificate identifies the floor/use records for which occupancy has been granted.

Compare the address and building identification number (BIN), then check the floor, residential use, descriptions, exclusions and comments. If the sales unit number does not clearly match the certificate, request a written reconciliation with the approved plans from the project’s architect or engineer.

Ask that professional to explain the approved access and exit routes serving the apartment and the status of relevant common spaces. Check a promised roof terrace, lounge or gym separately: permission to occupy the apartment does not, by itself, establish permission to use every amenity.

Keep the issued certificate, the written unit-to-plan match and explanations of any excluded or unfinished spaces together.

3. Check expiration, renewal and remaining work

DOB says TCOs typically expire 90 days after issuance. Compare the expiration printed on the actual document with your closing and move-in dates.

Request the renewal filing number and status, the responsible applicant, outstanding objections and the expected issuance date. Occupancy requests for both BIS and DOB NOW jobs have required submission through DOB NOW since March 1, 2021, under DOB’s February 2021 service notice.

Renewal is discretionary under Multiple Dwelling Law §301. A submitted request does not establish that renewal has been granted. If the TCO expires, obtain evidence of a renewed certificate or another valid approval covering the space; the expired document alone no longer authorizes occupancy.

A final CO has no expiration date and reflects completion against DOB’s approved plans and requirements. It still does not replace review of the seller’s contractual promises.

4. Verify closing conditions and completion funds

Read the offering plan and amendments alongside the executed contract and riders. Identify the occupancy document required for closing, permitted unfinished work, completion commitments and any outside closing date. Ask counsel how those provisions apply before seeking a postponement or withholding payment.

Send the actual TCO and remaining-work information to the lender. Request written confirmation of its acceptance of the unit and project, plus any conditions still required to fund. A valid TCO is not a loan approval. For example, Fannie Mae’s August 5, 2026 guidance distinguishes project eligibility from borrower underwriting. Also confirm insurance arrangements for the proposed closing date.

Ask the sponsor—the seller identified in the offering plan—for the current list and estimated cost of work needed for a permanent CO, together with the applicable escrow or other security disclosures. The Attorney General’s October 13, 2015 guidance addresses funds securing that obligation when closings occur first. Have counsel identify which arrangement applies and what documentation should already be available.

5. Separate occupancy work from the punch list

Record unfinished work in three categories so that each item has the appropriate supporting documents:

The Attorney General’s buyer guide advises comparing the walkthrough with the offering plan. For repairs deferred until after closing, it recommends including the punch list and written repair commitment in the closing documents, with those obligations expressly surviving closing.

Request deadlines, access arrangements and a contact for each agreed repair. Track any applicable warranty notice requirements separately; ask counsel which protections apply to this building.

Before marking the file ready

Flag an unexplained coverage gap, an expiration before the intended occupancy date, unresolved lender conditions or an unwritten completion promise for review. These issues do not automatically give you a right to postpone or cancel.

Use this alongside our homebuying checklists and new-construction coverage. After closing, add renewal dates and sponsor contacts to your new-owner records, and request the issued final CO when available.