Temporary Certificate of Occupancy

A time-limited authorization to occupy and use a building before all construction is fully complete, granted when the occupied portions meet life safety and accessibility requirements.

What is a Temporary Certificate of Occupancy?

A temporary certificate of occupancy (TCO) is a time-limited authorization issued by a building department that permits a building or portion of a building to be occupied and used before all permitted construction work is fully completed. The TCO confirms that the occupied area meets all life safety, structural, and accessibility requirements — even though other work (such as landscaping, facade finishes, or non-critical building systems) remains incomplete.

When TCOs Are Used

TCOs are commonly sought for commercial projects where tenants need to move in before the entire building or site is finished, phased developments where one section is completed ahead of others, seasonal or event-driven deadlines, and situations where minor punch list items remain but do not affect occupant safety. The TCO allows productive use of the building while the remaining work is completed.

TCO Requirements and Limitations

TCOs are typically valid for a limited period — commonly 90 to 180 days — and may be renewed if the applicant demonstrates progress toward completing the remaining work. The building department will specify what work must be completed and what conditions must be maintained during the TCO period. Failure to complete the work within the allotted time can result in fines or orders to vacate.

TCO vs. Final Certificate of Occupancy

A TCO is not a substitute for a final certificate of occupancy. The outstanding items must eventually be completed and inspected before a final CO is issued. For lenders and investors, the distinction matters — many loan agreements and lease provisions reference final CO issuance as a milestone.