New Certificates of Occupancy

It is my understanding that the villages of Mamaroneck, Dobbs Ferry, Sleepy Hollow, Peekskill, and Mount Kisco now require inspections by the building department before any sale of residential property can be completed. You might wonder how the village building inspector even knows that a sale is contemplated. Here's how it works:

 

The parties enter into a contract of sale. The buyer's attorney orders a title report. The title company goes to the building department and requests a municipal search, which is a standard part of every title report showing certificates of occupancy or open permits on file as well as taxes and other information. And that is how the building department knows that a sale is imminent. At this point, the building department requires an inspection of the property with the goal of issuing an updated certificate of occupancy, or a certificate of compliance, or a similar document. So, no complete title report without that, and no sale without it, either.

 

This seems to be the trend. Therefore, if your listing customers are whispering in your ear about a "tiny" bathroom that they have installed personally, which has no certificate of occupancy, it is better to get that on the books as soon as possible so as not to hold up your sale, since the building inspector is sure to notice it on his or her way through the premises.

 

 

Susan Freedman, Esq. 
Law Office of Susan Freedman 
399 Knollwood Road, Suite 212 
White Plains, New York 10603 
sf@SusanFreedman.com 
Ph: (914) 948-1400 
Fx: (914) 948-9656
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