Understanding Temporary Occupation Permits: A Comprehensive Guide

A Temporary Occupation Permit (TOP) is designed to provide people or companies with the means to occupy a building that’s habitable but not yet finished. Occupancy can either be partial or complete. The resident or company that moves in can use the building during the final stages of development.

In the construction and real estate industries, TOPs can be highly beneficial. For example, let’s say that a development project experiences a small delay just a few weeks before it’s set to be completed. If the causes for these delays don’t relate to the usability and safety of the building, a Temporary Occupation Permit allows people or entities to move in while they wait for the issue to be resolved.

By obtaining this type of permit, you won’t be tasked with frantically searching for another housing option after a delay occurs. This guide explores what is Temporary Occupation Permit and explains the benefits of applying for one.

Key Differences Between TOP and Certificate of Occupancy

There are two types of occupancy permits, which include a Temporary Occupation Permit and a Certificate of Occupancy. There are a couple of differences between these two permits, which include the completion scope and the permanence. A TOP is a type of provisional document, which means that it doesn’t last forever.

These permits are provided for a specific amount of time. In many cases, applicants will need to meet specific conditions to transition to a Certificate of Occupancy. Keep in mind that a Certificate of Occupancy is a permanent document that tells you that a building is safe for occupancy and adheres to all existing regulatory standards.

A Certificate of Occupancy can be issued by your local zoning or building department. The document should mention the class that the residential property or building falls into. There are times when a TOP should be selected instead of a full Certificate of Occupancy. If the building hasn’t been completed, you won’t be approved for a Certificate of Occupancy. In this scenario, you may qualify for a TOP.

Eligibility Criteria for Obtaining a TOP

To qualify for a TOP, your project must comply with all existing building codes and regulations. These permits are usually requested in the final stages of development, which means that tenants or owners will be able to use the space without waiting for all construction activities to be completed. However, you’ll need to apply at the right time.

This type of permit might last for a couple of weeks or a few months. Once you obtain a TOP, you’ll need to finish construction within the timeframe. After the TOP ends, you must be ready to apply for a Certificate of Occupancy. There are numerous types of projects that are regularly associated with TOP applications, which include the following:

  • Single-family homes
  • Retail
  • Commercial
  • Mixed-use
  • Industrial
  • Multifamily buildings

The building will need to be inspected before you receive the TOP. This permit can be requested for specific portions of the building or the entire structure. For example, you can apply for a TOP on a single unit in a multifamily property if a small amount of work still needs to be done.

Application Process for Temporary Occupation Permit

When you apply for a TOP, the validity of your application will be determined by your local building department. During the inspection, they’ll assess the scope of your remaining work as well as the conditions of your project. The inspection is also necessary to ensure that all the right safety systems are operational, which means that the property is habitable.

Before you apply for a TOP, make sure you research local requirements to ensure your project complies with them. It’s also important to understand that the TOP application process can vary from city to city. For example, the application process in Sonoma, CA starts with a formal review of your project. You may need to meet directly with the permit staff to make sure you adhere to the requirements. Before scheduling an inspection, you must pay the necessary fees.

You might also receive the document early. However, it won’t be signed until the building inspector has approved the temporary occupancy. Once you schedule an inspection, the inspector will arrive to make sure that your building is safe for occupancy. They’ll also assess the status of the project to determine how much work still needs to be completed. You might receive a correction notice that lists all the necessary work. The inspector should then sign your Temporary Occupation Permit.

Since city and country requirements can vary, you may need to contact your local building department to identify the specific approvals and documentation you need for your application. However, most building departments will require structural, fire and life safety, general code, and MEP approvals before approving a TOP application. You’ll need to produce documentation and building plans that detail the tasks you’ve already completed and the amount of work that still needs to be done.

Each type of approval comes with different requirements as well. For example, fire and life safety compliance involves the following systems:

  • Smoke detectors
  • Shafts and penetrations
  • Fire-rated floor systems
  • Ducts
  • Fire alarms
  • Sprinklers

Make sure that the exits, stairways, and elevators are functional as well.

Compliance and Safety Considerations

Obtaining a TOP allows you to show the city that you’re complying with local building codes and regulations. It also makes it possible for the building to be occupied early, which can be advantageous to the occupants and owners. The main drawback to obtaining a TOP is that you’ll need to make sure that all conditions of the permit are met within the specified timeframe.

There are usually two inspections that occur during the TOP application process. The initial inspection is the final one that’s scheduled for a traditional building permit. An inspector from your local building department will evaluate the project to determine if it adheres to the requirements of your building permit. During the final building inspection, the inspector will create and itemize a list of corrections that must be completed, after which you should receive your TOP.

Keep in mind that the building inspector will need to perform another inspection once the TOP ends. However, the inspection process isn’t as comprehensive and only involves the corrections you’ve made. If you’ve adhered to the TOP requirements, you should qualify for a Certificate of Occupancy.

There are a few compliance issues that often occur during this process. For example, some developers will be unable to make the necessary corrections before the TOP ends. In this case, you may need to shift to the previous development stage to continue your work.

It’s also important that you don’t do any work that exceeds the scope of the permit. If these alterations don’t meet the local building codes, you’ll be tasked with making more corrections. If you’re not able to transition immediately from a TOP to a Certificate of Occupancy, make sure that the building isn’t occupied beyond the timeline that the city agreed to.

Duration and Validity of Temporary Occupation Permit

The duration of a TOP can vary significantly. In some jurisdictions, TOPs only last for a few weeks. In other cities, a TOP might extend for several months. Most cities also allow applicants to request an extension. However, you’ll need to justify the extension if you want it to be approved.

An extension to a TOP might last for 30 calendar days. You may need to apply at least three to five business days before the TOP expires. Keep in mind that extension requests aren’t always approved. If the extension is denied, any person or entity that occupies the building will need to leave immediately after the initial TOP expires. Extension requests usually need to be submitted in writing. Cities often limit the number of possible extensions to two.

Costs Associated with Temporary Occupation Permits

There are several potential costs associated with Temporary Occupation Permits. You can only receive a Certificate of Occupancy if you’ve passed the final inspections for fire, gas, plumbing, structural, mechanical, and electrical systems. The initial permit cost depends on where the building is located.

You can expect to pay anywhere from $200-$400 for a TOP. Renewal costs should be around 20%-30% lower. You might also be tasked with paying inspection fees and other charges if you need to make numerous corrections. These costs are separate from what you’ll pay to receive your final Certificate of Occupancy.

Conclusion

Temporary Occupation Permits allow people and businesses to occupy buildings even if the construction process hasn’t been completed. To qualify for this permit, the building must be habitable. These permits are often sought when a construction project is nearly complete but has been delayed for a short period.

It allows the applicant to move in and take full advantage of the property while they wait for any remaining issues to be resolved. If you’re thinking of applying for a Temporary Occupation Permit, consult local building authorities for specific regulations and guidance.

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