Deal alert! Northwest will form your LLC for $39 (60% discount). See details.
Certificate of Occupancy for LLCs in the District of Columbia
Your DC LLC needs a Certificate of Occupancy if you own or lease commercial/office space in the District of Columbia.
If you’re developing new construction, you certainly need to apply for a Certificate of Occupancy.
If you’re renting office space, it’s likely that the building’s Certificate of Occupancy will cover your business activities. If that’s the case, you’ll need the building’s Certificate of Occupancy Number in order to enter it into your Basic Business License Application (which we’ll discuss in the next lesson).
However, if the building doesn’t have a Certificate of Occupancy or their Certificate of Occupancy doesn’t cover your business activities, then you’ll need to apply for your own Certificate of Occupancy.
Note: If you rent or own your home and want to run your business from home, then you need a Home Occupation Permit instead.
What is a Certificate of Occupancy (C of O)?
A Certificate of Occupancy (C of O) is a document showing that a specific building, structure, or piece of land is being used in a manner that is in accordance with Title 11 (Zoning Regulations) of the District of Columbia Municipal Regulations (DCMR) as well as in accordance with the DC Building Codes (Title 6, 12, 14, and 42).
Note: The Department of Consumer and Regulatory Affairs (DCRA) used to administer the Certificate of Occupancy. In October 2022, the newly-created Department of Buildings took over the Certificate of Occupancy program.
What is the purpose of a Certificate of Occupancy?
While all these rules and regulations may seem complicated, they, and the issuance of Certificates of Occupancy, have one primary purpose: to keep the people who live and work in DC safe.
No one can use a building, structure, or piece of land in the District (other than single-family homes) unless a Certificate of Occupancy has been issued by the Department of Buildings.
Will you be leasing space?
If you are leasing space within a building that already has a Certificate of Occupancy, you don’t need to get a Certificate of Occupancy if the building’s Certificate of Occupancy allows for your intended use.
For example: If you run a marketing agency and rent office space within a large office building, it’s very likely that your business activities will be covered under the building’s existing Certificate of Occupancy.
However, if your building’s Certificate of Occupancy doesn’t allow for what your business does, then you’ll need to apply for your own.
For example: You have a small lab that tests and manufactures skin care products. Due to the risk of certain substances that may be in your office, you may need your own Certificate of Occupancy as the building’s Certificate of Occupancy doesn’t cover this type of business activity.
Furthermore, if the building you are occupying doesn’t have a Certificate of Occupancy, then you will need to apply for one before you can begin operating your business.
Get the Certificate of Occupancy Number
When applying for your LLC’s Basic Business License, you will need to enter your building’s Certificate of Occupancy Number.
Get a copy of the Certificate of Occupancy from the owner or property management company.
You should also be able to find the Certificate of Occupancy Number fairly easily as it’s a requirement that a building prominently display their Certificate of Occupancy. It’s usually close to the entrance or main reception desk.
Recommendation:
Speak with your leasing agent or the building owner about the building’s Certificate of Occupancy before renting any space in the District.
How much does a Certificate of Occupancy cost?
If you need to apply for a Certificate of Occupancy, the total cost will be based on square footage of the building.
All Certificate of Occupancy applicants will pay a $36.30 application fee. The final fee (the issuance fee) will vary depending on the building’s square footage. On average, the total is somewhere between $75 to $125.
The 6 Types of Certificates of Occupancy
There are 6 different types of Certificates of Occupancy applications:
- change of ownership
- change of use
- change of occupant load
- revision
- temporary occupancy
- new building (completion of core and shell, conditional, and establishment of a new occupancy)
Change of Ownership
A Change of Ownership Certificate of Occupancy is used after a building has been purchased by a new owner. It is the most straightforward Certificate of Occupancy application among the 6 (since the existing building likely already has a Certificate of Occupancy).
Change of Use
A Change of Use Certificate of Occupancy is used when the purpose and use of the building or structure is changing. For example, if you plan to open a doctor’s office where a pet grooming business was located.
Change of Occupant Load
A Change of Occupant Load Certificate of Occupancy is when the owners propose to change the number of occupants (the “load”) in a given building.
For example: Seating capacity in a restaurant, number of occupants in a boarding/community home, number of classrooms or number of students in an educational facility, increasing the number of units in a hotel, motel, or apartment building, and other similar changes. Depending on the circumstances, a Building Permit may also be required.
5,000 square feet +
If you’re proposing to change the occupant load in a building that is 5,000 square feet or larger, your proposed changes must be reviewed and approved by the District Department of the Environment (DDOE) Stormwater Management. If you don’t request a final inspection of your stormwater management system as well as your plans/drawings, this will likely result in you being denied your Certificate of Occupancy.
Revision
A Revision of a Certificate of Occupancy is used when an error was made on the original issued Certificate of Occupancy. There can be no substantial changes to the use or occupancy as allowed by the original issued Certificate of Occupancy.
Temporary Occupancy
A Certificate of Occupancy for Temporary Occupancy is usually used for an outdoor event or use of a building on a limited/temporary basis. The Department of Buildings may also impose certain conditions to be met for the safety of the attendees. Depending on the type of use of the building, a Building Permit may also be required prior to the Department of Buildings issuing the Certificate of Occupancy.
New Building (“Completion of Core and Shell”)
A Completion of Core and Shell Certificate of Occupancy is not a “full” Certificate of Occupancy and it doesn’t mean the building can be occupied. It’s simply recognizing that the core and shell of the building have been completed in accordance with the DC Building Codes. This type of Certificate of Occupancy is required in order to get a Conditional Certificate of Occupancy for a new building.
New Building (“Conditional”)
A Conditional Certificate of Occupancy may be issued by the Department of Buildings to allow certain occupancy of the building while the rest of the building/construction is taking place. A Completion of Core and Shell Certificate of Occupancy must be issued before a Conditional Certificate of Occupancy can be issued.
New Building (“Establishment of a New Occupancy”)
This is the “final” Certificate of Occupancy that’s issued by the Department of Buildings once a new building has been completed and is ready to be occupied. Inspections must be scheduled before the final Establishment of New Occupancy Certificate of Occupancy can be issued.
5,000 square feet +
If your new building will be 5,000 square feet or more, you must request an inspection by the District Department of the Environment (DDOE) Stormwater Management. They need to do a final inspection of your building’s stormwater management system and your plans/drawings. If you don’t request this inspection, you’ll likely be denied your Certificate of Occupancy.
How to apply for a Certificate of Occupancy
The instructions will vary depending on the type of Certificate of Occupancy you’re applying for.
We specialize in LLC formation in all 50 states; not zoning regulations in DC. Therefore, the information provided in this lesson is more of an overview and it’s meant to point you in the right direction instead of walking you through everything step-by-step.
Call the Department of Buildings for Help
We recommend reading this guide so you understand the Certificate of Occupancy requirements. And then, call the Department of Buildings to speak with a representative, develop a plan of action, and make sure you know exactly what documents and approvals you will need.
This is the best way to avoid surprises, or worse, having your Certificate of Occupancy Application denied.
You can call the Department of Buildings at 202-671-3500 (Press 3 for Permits) or use their online chat service.
Applying for a Certificate of Occupancy
If you’re applying for a Change of Ownership Certificate of Occupancy, you will apply online using Citizens Access.
If you’re applying for any other type of Certificate of Occupancy, you must apply via email.
To apply by email:
- Complete the Certificate of Occupancy Application Form. Instructions are on the first page of the PDF.
- Comply with any additional regulations, such as getting a Building Permit, inspections, etc.
- Collect the required Certificate of Occupancy Supporting Documents (including inspection reports, prior Certificates, leases, etc.)
Email the Application form and all supporting documents in PDF format to: COAPP@dc.gov
Contact Info: Department of Buildings
If you have any questions about getting a Certificate of Occupancy for your LLC, you can contact the Department of Buildings at 202-671-3500. Their hours are 8:30am to 4:30pm on Monday, Tuesday, Wednesday, and Friday. On Thursday their hours are 9:30am to 4:30pm.
DC Certificate of Occupancy FAQs
Do I need a Certificate of Occupancy for a residential building?
A Certificate of Occupancy is needed for residentially-zoned buildings that are multi-family dwellings (duplex, triplex, etc.), child development homes, bed & breakfasts, group homes, and other similar dwellings.
If you plan to use your home for another type of business purpose, then you must apply for a Home Occupation Permit instead. If you’re not eligible for a Home Occupation Permit, then you can’t operate your proposed business from your DC home. You must rent office space instead.
Do I need a Certificate of Occupancy if my business is a tenant in an office building?
Probably not.
You don’t need to apply for your own Certificate of Occupancy if the existing owner:
- has a Certificate of Occupancy, and
- that Certificate of Occupancy allows for your business to operate in the space.
If neither 1 nor 2 are true, you must apply for your own Certificate of Occupancy.
I already have a Certificate of Occupancy. I want to renovate. Do I need a new Certificate of Occupancy?
You don’t need a new Certificate of Occupancy if all of these are true:
- you only renovate the interior (not the exterior)
- you don’t change the layout
- you don’t change the amount of square footage
- you don’t change the use
- you don’t change the occupant load
- the ownership of the building hasn’t changed
You need a new Certificate of Occupancy if any of these are true:
- you are renovating the exterior
- you change the layout
- you change the amount of square footage
- you change the use
- you change the occupant load
- the ownership of the building has changed hands
Is a Certificate of Occupancy a license to conduct business?
A Certificate of Occupancy isn’t a license granting you permission to conduct certain business activities.
It just certifies that your building is safe to be occupied and it meets the zoning codes.
Permission to conduct business activities in the District of Columbia is granted via a Basic Business License.
For more Frequently Asked Questions about Certificates of Occupancy:
The Department of Buildings has Zoning FAQs and a Certificate of Occupancy Guide to help.
References
DOB: Zoning FAQs
DOB: DC Construction Codes
DLCP: Business Licensing FAQs
DC Office of Zoning: Title 11 Zoning
DC Office of Zoning: Zoning Regulations of 2016
DOB: Conditional Certificate of Occupancy Issuance
DOB: Certificate of Occupancy Supporting Documents
DOB: Certificate of Occupancy Application and Review Process
DLCP: Certificate of Occupancy/Home Occupation Permit Details
DOB: Certificate of Occupancy Eating Establishment Questionnaire
DOB: Certificate of Occupancy Application Form and Requirements
DC Municipal Regulations and DC Register: Zoning Regulations of 2016
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.
District of Columbia LLC Guide
Looking for an overview? See District of Columbia LLC
Hi there,
I’m planning on starting an online business. I’ll be subscribing to TravelingMailbox for my virtual mailbox, I’ll list myself as my own Registered Agent, and I’ll be living an an apartment in DC.
Would I need a certificate of occupancy in this situation? TravelingMailbox has said they don’t provide that.
Hi Eric, in order to get a Basic Business License in DC, either a Certificate of Occupancy or a Home Occupation Permit is required.
So I could do a Home Occupancy Permit with my home address (which isn’t my business address)?
Hi Eric, if you’re going to be running the business from home, then yes, you can get a Home Occupation Permit.
Hi, I am purchasing an apartment that has a temporary certificate of occupancy in DC for an apartment building that is renovated fully inside – 8 units. My bank has informed us that we can close if we want with the certificate they are provided. Can we close and move into the apartment with a temporary certificate of occupancy?
Thank you!
Norma
Hi Norma, we cannot say for sure if this is a good idea. While the bank may let you close, you may not want to take title to a building you can’t permanently occupy. A Certificate of Occupancy for Temporary Occupancy is just that; it’s temporary. It’s not the “final” Certificate of Occupancy so you may not be able to occupy the building. We cannot say for sure. We recommend reading over the section above titled “The 6 Types of Certificates of Occupancy” and calling the Office of the Zoning Administrator for details on the building’s COO. Hope that helps.