What are the ramifications of moving personal items into a new construction home without a certificate of occupancy?

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What are the ramifications of moving personal items into a new construction home without a certificate of occupancy?

We have moved our personal belonging into a new home near completion but without a certificate of occupancy. What can happen to us?

Asked on May 23, 2017 under Real Estate Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A certificate of occupancy or "C/O" is a document issued by the city or local municipality’s building department. It states that a newly constructed home complies with all applicalbe building codes and is in a condition suitable for safe occupancy by the residents. A CO must be issued for your property before you can legally take up residence in the home. In many cases, your insurance company also may require one, so if you move in without one is not only illegal, if there is a fire, etc. you will not have coverage to cover the incident.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A certificate of occupancy is required to *occupy*--that is, for people to live in or otherwise be use, such as for entertaining--the home. It has nothing to do with storage, so you may move belongings into the home--but you can't yourself stay there.


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