Certificate of Occupancies

Voting section relating to Minnesota Building Codes.

See building permit question below

Poll ended at Wed Nov 30, 2011 6:22 pm

Total votes : 14

Certificate of Occupancies

Postby forumadmin » Fri Nov 04, 2011 2:40 pm

A permit was issued for a new house in 2005. Before it was completed (enclosed but no finals) the original permit holder lost the house on a bank foreclosure.

A second company bought the house in 2007, pulled new building, plumbing and mechanical permits to finish it. All permits except the Building and Electrical permits were properly closed, but it was then resold to another buyer. Here were no occupants.

The third owner also lost the home to foreclosure and the power company pulled the electric meter because no one was paying the bill. They never occupied the dwelling.

Now a forth owner has acquired the house, pulled the electrical permit to have the meter re-installed and has passed its final electrical inspection. No one has ever lived in this house and the current owner wants a CO.

Can you issue a certificate of occupancy on a building permit that expired in 2008 that was pulled by someone who no longer owns the building?
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Re: Certificate of Occupancies

Postby codetalker » Mon Nov 07, 2011 6:58 am

MN rules 1300.0220 subp 5 states:
"After the building official inspects a building or structure and finds no violations of the code
or other laws that are enforced by the Department of Building Safety, the building
official shall issue a certificate of occupancy..."

There is nothing that states anything about ownership or original permit applicant nor is there any expiration date. Obviously, proper inspections etc... must have been completed.
I've had banks request a certificate of occupancy for secondary ownership so financing could be accomplished for the new owners.
If the building complys, it complys and a C/O can be generated..
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Re: Certificate of Occupancies

Postby Roger Axel » Mon Nov 07, 2011 12:22 pm

The issuance of each successive building permit will assume the conditions not yet approved from the previous building permit that has expired. Hopefully that was noted with each subsequent permit issued for this building (see 1300.0130 Subp.10 Validity of permit). Inspection records would indicate what items have not been approved. The CO would be based on the last permit issued.
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City of New Hope, MN
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Re: Certificate of Occupancies

Postby pswett » Wed Nov 16, 2011 12:03 pm

Issuance of a C.O. could be issued by submitting a new building application.
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Re: Certificate of Occupancies

Postby John M. » Thu Nov 17, 2011 10:48 am

Excellent question, and unfortunately a more common occurence now than in the past. I would assume that the latest property owner wants the C of O so he can flip it, after applying lipstick and rouge. Or rent it. My take on the C of O issue is that the latest owner would like to spread some liability around should something disasterous occur. The realty listing should state "as is", and the AHJ should CHA by providing a synopsis of the factual history as laid out in the narrative, to be provided to the new speculative prospective buyers once this pig hits the market again. I see no advantage in taking on the liability of issuing a C of O.
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