Question 1

What is an occupancy permit?

Accepted Answer

An occupancy permit (often used interchangeably with certificate of occupancy) is the government authorization allowing a building to be occupied. In Florida, the terms are sometimes distinguished: the building permit authorizes construction, the occupancy permit/CO authorizes occupancy after construction is complete and inspected. The Florida Building Code (Section 110.3) requires a certificate of occupancy before any building or structure can be occupied or used.

Question 2

What happens if a building is occupied without an occupancy permit in Florida?

Accepted Answer

Without a permit: the building official can issue a stop-work order or notice of violation, fines can be assessed (daily fines until the violation is corrected), the property owner can be required to vacate the building until a CO is obtained, insurance coverage may be affected (some policies exclude coverage for buildings occupied without proper permits), and the owner may face liability (if someone is injured in a building that was illegally occupied, the owner faces heightened liability).

Question 3

How does an occupancy permit affect Florida commercial tenants?

Accepted Answer

Commercial impact: the tenant should verify that: the property has a valid CO for the intended use (a CO for retail does not authorize office use), the landlord is responsible for obtaining any new CO required for the tenant’s specific use, and the lease addresses: who is responsible for CO compliance, what happens if the CO is denied or delayed, and whether the tenant’s rent obligation begins before or after the CO is issued.

Occupancy Permit

Occupancy Permits in Florida

Requirement

Without Permit

Commercial Tenants

Related Terms

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