Occupancy Inspections

A Certificate of Occupancy must be obtained before a commercial building or an individual lease space within a commercial building may be occupied, or if changes to an existing occupancy classification are made. If no Certificate of Occupancy is posted the owner or agent may be given a 15-day notice to make an application and pay inspection fees. If the owner or agent fails to comply, citations may be issued each day until the application is made and fees are paid.

Obtaining a Certificate on an Existing Building

The City of Houston Building Code requires all buildings or structures, other than single family residences or U-Occupancies (defined by the Building Code) to have a valid Certificate of Occupancy for the use of the building, space or portion thereof. The certificate is normally issued at the time of construction or when a remodel or change of use occurs. However, if the building does not have a Certificate of Occupancy or requires a Life Safety Certificate, the process is handled by the Occupancy Inspection Section of the Building Code Enforcement Branch.

When is a Certificate of Occupancy Required?

• All tenants/owners of a commercial building or an individual lease space must have a valid Certificate of Occupancy (CO). Note: Multiple spaces or rooms may be contained under one tenancy without requiring a separate certificate.
• A CO must be obtained before a commercial building or an individual lease space within a commercial building is occupied.
• If the CO cannot be located for an existing building or lease space (and the space has not been modified), a duplicate CO must be obtained.
• When an existing occupancy classification is changed, plans and permits must be approved to obtain a new CO for the new use or occupancy. See also the Live-Work program brochure for additional options for limited occupancies.

Application Process

To apply for a Certificate of Occupancy for an existing building or lease space, the applicant must submit the required documents via email at [email protected]:

• Application for Occupancy Compliance Inspection (Form CE-1045A)
  Note: For Live-Work Units &  Residential Facilities use Form CE-1045B
• Declaration in Support of Application for City of Houston Building Permit (Only required for Live-Work Units &  Residential Facilities)
• If the application is for a new business, then the new business name must be provided
• The complete business address
• A cellular telephone number
• The approximate square footage and number of floors
• If multiple buildings are located on the same property, a site map must be provided showing the number of buildings and number of units per building. Note: For apartments, the site plan must indicate the number of buildings and the number of apartment units per building.
• The present or proposed and the previous (if known) type of business
• Inspection fees may be paid in the form of cash, personal check, cashier's check, money order, or credit card.

Inspection Process:

The applicant will be provided with the date of the inspection.

• A team of inspectors will visit the site and make a note of any code discrepancies.
• The building will be inspected under the code edition year in which it was built along with the minimum requirements of the Life Safety Appendix of the current Building Code if constructed prior to 1986 or occupied.
• A report will be generated and emailed to the applicant within one week. The report will indicate the type of corrections needed (structural, electrical, mechanical, or plumbing) and if any separate building permits, as identified in the next bullet, are required before making corrections.
• The applicant will have 180 days to obtain the required permits and complete the corrections. The owner or owner's agent may obtain the structural permit when required. Electrical, Mechanical, and/or plumbing building permits may only be obtained by a licensed contractor.
• Only the licensed contractor or person who holds the permit may call for inspections for work performed under that permit.
• Once all repairs have been made and the final inspections approved, the applicant should call Occupancy Inspections to arrange when the Certificate of Occupancy can be picked up.

Note: A building will only be inspected under the Life Safety Appendix if it was built prior to January 1, 1963, or has been annexed.

Owners of existing buildings that were constructed before January 1, 1986 were required to submit an application to the City of Houston Code Enforcement Division for a life safety inspection before January 1, 1992. If an application was not submitted before that date, one should be submitted immediately. Existing buildings that have been annexed into the City of Houston are not exempt from life safety certificates.

Every building must meet the requirements of the building code that was enforced at the time the building was constructed and/or it must meet the requirements for Life Safety guidelines. In addition, any condition not listed in the Life Safety Appendix that is found to be unsafe, unsanitary, or hazardous must be corrected immediately. This includes the electrical, plumbing, mechanical and structural systems of the building.

What types of buildings are exempt from life safety certificates?

If a commercial building was constructed under a permit issued by the City on or after January 1, 1986 and received a Certificate of Occupancy, it is exempt from the Life Safety Appendix.