Occupancy permit

Occupancy permit is permission to use a facility (real estate) that meets the health and safety requirements and it has to be issued by the competent authority.

List of construction objects that require a occupancy permit

After completion of each construction carried out on the basis of a building permit, it is necessary to submit to the construction supervision authority a notification of completion of construction. This notification is tantamount to expressing the willingness to occupe a building object. The subject matter of the proceedings, initiated by the said notification, is the assessment whether the technical condition of the resulting facility allows its safe operation.

Permission for use must obtain the following objects:

• sports and recreation facilities, e.g. stadiums, amphitheaters, ski jumps and ski lifts, cable cars, outdoor pools, slides
• buildings of culture, science and education, such as: theaters, operas, cinemas, museums, art galleries, libraries, archives, cultural centers, school and pre-school buildings, nurseries, children's clubs, boarding schools. dormitories and student houses, laboratories and research centers, meteorological and hydrological stations, observatories, zoological and botanical gardens
• religious buildings, such as churches, chapels, monasteries, synagogues, mosques and funerary houses, crematoria
• health care, social and welfare buildings such as: hospitals, sanatoriums, hospices, clinics, blood donation stations, veterinary clinics, social welfare homes, orphanages, pensioners 'homes, homeless shelters and workers' hotels
• public administration buildings, ministries and central offices, local government and self-government administration, courts and tribunals, prisons and correctional houses, juvenile detention facilities, penitentiaries, pre-trial detention centers and construction facilities of the Armed Forces
• other residential buildings
• buildings for tourist and recreational accommodation, such as: hotels, motels, guest houses, holiday houses, tourist hostels;
• sports and recreation buildings, such as: sports and entertainment halls, indoor swimming pools;
• office and conference buildings;
• trade, gastronomy and service buildings, such as: shops, shopping centers, department stores, market halls, restaurants, bars, casinos, discotheques, station buildings, garages of more than five positions
• industrial buildings, such as: production buildings, serving energy, assemblies, factories, slaughterhouses
• petrol stations
• landfills
• water management facilities, such as water and over-level reservoirs
• road and railway bridges, such as: bridges, flyovers, footbridges, underpasses, viaducts, culverts, tunnels

Facility control

Prior to issuing the occupancy permit, the competent authority is required to carry out a mandatory inspection of the construction in order to determine its operation in accordance with the arrangements and conditions specified in the building permit.

The inspection includes checking:

• compliance of a building structure with a plot or area development project;
• compliance of a building structure with an architectural and construction project
• construction products particularly important for construction safety and fire safety
• proper arrangement of the construction site

Examples of Occupancy permit

• Building Permit: Building permits are issued by the local government when a property owner wants to construct a building, do major renovations, or make changes to the structure of a building that requires a building inspection.
• Land Use Permit: Land use permits are issued by the local government when a property owner wants to use the land for a specific purpose that is different than what it is currently zoned for.
• Electrical Permit: Electrical permits are issued by the local government when a property owner wants to install or alter electrical wiring or electrical equipment in a building.
• Plumbing Permit: Plumbing permits are issued by the local government when a property owner wants to install or alter plumbing fixtures and systems in a building.
• Fire Protection Permit: Fire protection permits are issued by the local government when a property owner wants to install or alter fire protection systems such as fire alarms, sprinkler systems, and fire extinguishers in a building.
• Certificate of Occupancy: A Certificate of Occupancy is a document issued by the local government when a building meets all of the necessary building, zoning, and safety codes and is approved for occupancy.

Advantages of Occupancy permit

Occupancy permits offer many advantages to landlords and tenants. These include:

• Ensuring that the premises meet local health and safety requirements and standards, providing a legally safe environment for tenants and landlords to use.
• Ensuring that the property is free from structural issues or other problems that could cause harm to the occupants.
• Providing a record of the property’s condition and any improvements or repairs made to it.
• Establishing an agreement between the landlord and tenant that sets out the terms of occupancy, such as the rent amount, payment method, and duration of the agreement.
• Allowing landlords to hold tenants accountable to the terms of the agreement, helping to protect their rights and investments.
• Helping to prevent disputes between landlords and tenants over the use and maintenance of the property.
• Offering peace of mind to both landlords and tenants, since they know the property is safe and the rights of both parties are protected.

Limitations of Occupancy permit

Occupancy permit is an important document that must be obtained in order to use a facility. However, this permit is not without limitations. These limitations include:

• It is only applicable to the specific facility that has been granted the permit. For instance, an occupancy permit for a residential unit does not automatically extend to other units in the same building.
• Occupancy permit does not guarantee that the facility meets all safety requirements. It only indicates that the facility satisfies the minimum safety requirements.
• The occupancy permit is issued for a certain period of time and must be renewed upon expiration.
• Occupancy permit may be revoked if any of the safety requirements are not met.
• The occupancy permit may be subject to additional restrictions and regulations by the local government or the local regulatory board.

Other approaches related to Occupancy permit

A Occupancy permit is permission to use a facility (real estate) that meets the health and safety requirements and it has to be issued by the competent authority.

Apart from occupancy permit, there are other approaches to ensure health and safety requirements for a facility:

• Structural integrity assessment: It involves examining the structural elements of a building to ensure that they meet the applicable building codes and standards.
• Fire safety assessment: It involves examining the fire safety features of a building to ensure that they meet the applicable fire safety codes and standards.
• Electrical safety assessment: It involves examining the electrical systems of a building to ensure that they meet the applicable electrical codes and standards.
• Environmental safety assessment: It involves examining the environmental features of a facility to ensure that they meet the applicable environmental codes and standards.
• Accessibility assessment: It involves examining the accessibility features of a building to ensure that they meet the applicable accessibility codes and standards.

In summary, there are several approaches to ensure health and safety requirements for a facility in addition to obtaining an occupancy permit, such as structural integrity assessment, fire safety assessment, electrical safety assessment, environmental safety assessment, and accessibility assessment.

Footnotes

Occupancy permit — recommended articles

Certificate of quality — Approved code of practice — Certificate of acceptance — Attestation services — Export license — Conditional use permit — Master deed — Organizational costs — Certificate of substantial completion

References

• Liu F. and others, (2010), Mainstreaming Building Energy Efficiency Codes in Developing Countries: Global Experiences and Lessons from Early Adopters, World Bank Publications, p. 134-137
• Persaud B. and others, (2011), Investing in Condominiums: Strategies, Tips and Expert Advice for the Canadian Real Estate Investor, John Wiley & Sons, p. 165-172
• Roskey C. B., (2012), Roskey's Guide to Smart Housing Choices, Xlibris Corporation, p. 271

Author: Kristina Tyshchenko