Certificate of occupancy in New Jersey

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.

Do you need a certificate of occupancy in New Jersey in 2025?

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:

• Carbon monoxide.
• Fire extinguisher.
• Smoke detector.

When is a certificate of occupancy required in New Jersey?

In New Jersey, a certificate of occupancy is required in several scenarios:

• Installation of municipal services: To request the installation of services such as electricity, plumbing and water, it is mandatory to obtain a certificate of habitability.
• Renting a property: Most municipalities require this certificate after an inspection by the Housing Inspection Bureau, to ensure that the building structure is safe for new tenants. 
• Selling a house: During the sale, depending on local regulations, a certificate for changing the title of the property is required. In addition, if repairs are needed, the owner must obtain this certificate.
• New or acquired properties: Any owner of a new construction or an acquired property must obtain this certificate to legalize the property.

Types of Building Permits and Certificates of Occupancy in New Jersey

There are 3 main types of these permits when building a property in New Jersey. They are:

• Certificate of occupancy: Required to change the property’s use classification or complete construction work.
• Certificate of continuous occupancy: Required for changes of tenants or owners. This certificate is issued after a municipal inspection.
• Zoning approval: Required to open a business in an area with permitted use.

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.

What are the occupancy laws in New Jersey?

Under the New Jersey Housing Code, occupancy laws include the following provisions:

Occupancy per unit

According to code § 18:3-1.70, each dwelling unit may be occupied by no more than one family and 2 additional persons.

Living area

The above code specifies the minimum required habitable area:

• 150 square feet for an individual.
• 250 square feet for 4 individuals.
• An additional 75 square feet for each additional individual.

These surfaces may vary depending on the city. We therefore recommend that you consult with our experts for a personalized analysis. 

Rooms to sleep

According to § 18:3-1.71 and § 18:3-1.72:

• They must have a minimum of 400 cubic feet per person over 12 years of age.
• 250 cubic feet per person under 12 years old.
• The minimum floor area is 75 square feet for the first person, with an additional 50 and 35 square feet for persons under 12 years of age and older, respectively.

Minimum height

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.

Use of the basement

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.

Gas appliances 

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.

How long does it take to get a certificate of occupancy in New Jersey?

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.

Transfer of a certificate of occupancy

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:

1. Submit a completed application to the Code Enforcement Department. Be sure to provide all requested information along with the required fees.
2. Make arrangements for the inspection appointment. This must be done at the time of submission.
3. Wait for the transfer permit notification. Once the inspection is complete, you will receive a notification indicating whether the transfer permit for the property was approved or not.

Who is responsible for the certificate of occupancy in New Jersey?

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.

What are the consequences if I do not have a certificate of occupancy?

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 ?

Where do you get a certificate of occupancy 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.

What do I need for a certificate of occupancy?

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. 

Can a landlord collect rent without a certificate of occupancy in New Jersey?

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.

How long is a certificate of occupancy valid in New Jersey?

A certificate of occupancy in New Jersey is valid for 90 days from the date it was issued. 

What is the purpose of having a certificate of occupancy?

Certificates of occupancy address 4 important purposes, such as:

• Use of the structure. This certificate specifies the class of the property, since by specifying them, a certificate of occupancy prevents unintended use of the property.
• Compliance with building and zoning codes. A certificate of occupancy serves as evidence that the property has complied with all required building and zoning codes.
• Release of final construction loan installment. Construction loans are paid in phases as the builder completes certain processes. The final process results in the certificate, releasing the remainder of the loan.
• Suitability for occupancy. When a property receives the certificate of occupancy, people will be able to occupy it. Occupants may be residential tenants, commercial tenants, employees, or customers of stores.

Requirements for obtaining a certificate of occupancy in New Jersey

Before a homeowner or tenant can occupy or change title to a home, they must meet the following requirements:

General requirements

• Application for Inspection and Assurance of occupancy certificate.
• Landlord registration form.
• Sixty day conditional CO.
• Termite report.
• Residential Occupancy Certificate Checklist.

Requirements for new constructions

• ADA compliance.
• Final approval from planning director and zoning officer.
• Building, plumbing, elevator, and electrical subcode approvals.
• Resolution compliance.
• Sewer connection fee.
• T&M approval (township engineer).
• Affordable housing fee.
• All utility connections.
• Study of the location of the foundations.
• Freehold soil approval.
• Final survey of the location.
• Additional approvals by the Department of State (if applicable).

Tenants or residents 

• Zoning officer approval.
• Layout drawing by a New Jersey licensed architect.
• Complete applications for building, plumbing, fire and electrical subcodes.
• Complete construction application.

How much does a certificate of occupancy cost in New Jersey?

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.

Can you sell a house without a certificate of occupancy in New Jersey?

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.

Find the best guidance for certificates of occupancy in New Jersey with Curbelo Law

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.