A certificate of occupancy is the local authority's confirmation that a new building, addition or renovated space can be lawfully used for its intended purpose. It usually follows a final inspection showing the work meets the building code and the approved permit. In Canada the name and process vary by province and municipality, but the idea is the same: people can't move in until the authority is satisfied the building is safe to occupy.
Who issues it
Building codes in Canada are adopted provincially, often based on the National Building Code of Canada, and enforced locally. The authority having jurisdiction is usually the municipality's building department, though in some rural areas and some provinces it may be a provincial agency or an accredited agency acting for the municipality.
Different places use different terms: certificate of occupancy, occupancy permit, final occupancy, or approval for occupancy. Some authorities issue a separate document; others record occupancy as part of closing the building permit. Check what your authority calls it and what it requires.
When you need one
- New buildings: before anyone occupies the building.
- Additions: before the new space is used.
- Tenant improvements: many authorities require occupancy approval before a renovated commercial space opens.
- Change of use: converting an office to a restaurant, a warehouse to assembly space, or a house to a care facility can trigger code requirements and an occupancy approval.
- Partial occupancy: some authorities allow parts of a building to be occupied before the whole is complete, if those parts are safe and separated from ongoing work.
What the authority checks
Final inspections focus on the things that keep occupants safe and the building usable:
- Exits, exit signs, stairs, guards and handrails
- Fire separations, fire doors and firestopping
- Fire alarm, sprinkler and emergency lighting systems, and documents showing they have been tested and verified
- Ventilation, heating and plumbing, including backflow prevention
- Electrical installations, usually confirmed through closed electrical permits
- Accessibility features where required
- Conformance with the approved drawings and any permit conditions
Many authorities also want paperwork: letters of assurance or compliance from design professionals, fire alarm verification reports, sprinkler test certificates, elevator acceptance, and closed trade permits.
What commonly delays occupancy
- Missing documents. The work is done, but a verification report or professional letter isn't in hand.
- Life safety systems not complete or not verified. A fire alarm that hasn't been verified by a qualified technician will usually hold up occupancy.
- Firestopping gaps. Penetrations through rated walls and floors left unsealed by late trades.
- Exit issues. Doors with the wrong hardware, blocked exits or missing exit signs.
- Deviations from approved drawings. Changes made in the field without a permit revision.
- Outstanding trade permits. Electrical, gas or plumbing permits not closed.
Don't occupy early. Occupying without approval can lead to orders, fines and insurance problems, and it puts people in a building that hasn't been confirmed safe. If timing is tight, ask your authority whether partial or conditional occupancy is possible.
Buying or leasing? If you are buying or leasing, ask for proof that the current use has occupancy approval. A space used for something other than what was approved may need upgrades before you can use it as planned. This is a common surprise for tenants converting retail or office space. Our guide to inspecting a commercial space before you lease covers what to check.
Partial and conditional occupancy
Large projects rarely finish all at once. Many authorities have a way to let people use part of a building before the rest is complete, but the conditions are strict and vary from place to place. Commonly, the occupied area must have complete exits, working fire alarm and sprinkler coverage, fire separation from the construction zone, and safe access that does not pass through active work. Some authorities issue occupancy with conditions attached, such as a date by which outstanding items must be finished.
If you expect to need partial occupancy, raise it with the authority early. It affects how the work is phased, how life safety systems are zoned and tested, and which documents have to be ready first.
A typical tenant improvement
A medical clinic is moving into a ground-floor retail unit. The change from retail to a clinic brings new requirements for washrooms, ventilation, accessibility and, depending on the layout, exits and fire separations. A building permit is issued for the renovation, along with electrical, plumbing and mechanical trade permits. During construction, the authority inspects framing and plumbing rough-in. As the work finishes, the general contractor collects the fire alarm verification for the relocated devices, the backflow preventer test report and the closed trade permits. A pre-occupancy walkthrough finds an unlabelled panel and a door closer that does not latch, both fixed before the final inspection is booked. The final inspection passes and the authority grants occupancy, and the clinic opens on schedule.
Questions to ask your authority early
- What do you call occupancy approval, and is it a separate document?
- Which inspections are required under this permit, and in what order?
- Which documents must be in hand before the final inspection is booked?
- Is partial or conditional occupancy possible on this project, and on what terms?
- How far ahead does the final inspection need to be booked?
Preparing for the final inspection
- Confirm every inspection required under the permit has been passed
- Collect verification and test reports for life safety systems
- Collect professional letters and closed trade permits
- Walk the building against the approved drawings
- Check every rated wall penetration for firestopping
- Clear and sign all exits, and test emergency lighting
- Fix deficiencies before booking, not after
For how this fits with the earlier permit stages, see occupancy permits vs building permits.
How ehZee can help
We can't issue occupancy approval; only the authority can. What we do is inspect your building beforehand the way a final inspector would, give you a deficiency list and a document checklist, and help your contractor close items out. See our certificate of occupancy inspections, or call 1-833-888-0091.
Common questions
Do houses need a certificate of occupancy?
In many municipalities, new homes need a final inspection or occupancy approval before move-in. The form and name vary, so check with your local building department.
Can an older building lack a certificate of occupancy?
Yes. Older buildings may predate current processes or records may be incomplete. If you need confirmation of the approved use, ask the municipality what records they hold.
Does occupancy approval mean the building has no defects?
No. It confirms the authority is satisfied the building meets the requirements it checked. Workmanship issues and warranty items can still exist.