New York seller guide · Reviewed October 23, 2026

Selling a House With Open Permits or No Certificate of Occupancy What the building department’s file shows decides how the sale goes.

On Long Island and in New York City, a house’s permits and certificates of occupancy sit in one building department’s file. When you sell, what that file shows, and what it leaves out, becomes part of the deal.

Prepared by Joseph DeVito, a New York Licensed Associate Real Estate Broker and attorney, writing as a broker, not as your lawyer. Sources and links checked October 23, 2026.

How it comes up

Where open permits and a missing CO surface in a sale

A house’s building record does not travel with the deed. It sits in the building department’s file, and in a New York sale it is usually looked at in three places.

1

Your disclosure statement

The State’s Property Condition Disclosure Statement asks, in Question 9, “Are there certificates of occupancy related to the property?” and asks the seller to explain a “No.” How the statement works.

2

The title report

The buyer’s attorney orders a title report, and municipal searches of the building department’s file are commonly ordered with it: permits, certificates and anything left open.

3

The buyer’s attorney and lender

The buyer’s attorney compares the file with the house as it stands, and differences go to your attorney before closing. A lender can raise them too.

The house and the file can disagree. A finished basement, a deck, a dormer or a converted garage can be well built and still have no permit or certificate on file. The file is what the buyer’s side reads.

The terms

Open permit, no CO, letter in lieu: what each means

Certificate of occupancy (CO)

The building department’s certificate for a building’s legal use. In New York City’s words, a CO “states a legal use and/or type of permitted occupancy of a building.” Many Long Island departments issue “Certificates of Occupancy or Compliance” once work “has been completed and inspected” (the Village of Brightwaters’ wording).

Open permit

A permit the department issued that its file does not show as closed out with a final inspection and a certificate. The work may have been finished and never inspected, or never done. The Town of Oyster Bay’s code puts it plainly: such a permit “shall remain open until a certificate of completion has been issued after a final inspection.”

No CO on file

The file has no certificate for the house, or for part of it. Older houses often fall here: the Town of Smithtown, for example, says that “if your house was built before building permits were required (1947) you may request a History Letter (Letter in Lieu).”

Letter in lieu and similar

A document some departments issue for a structure that predates their certificates or has no record on file. The name differs: a “Letter in Lieu” in the Town of Hempstead; a “Certificate of Existing Use” in North Hempstead, Brookhaven and Glen Cove; a “Pre-Existing Certificate of Occupancy” in Southampton; a “History Letter (Letter in Lieu)” in Smithtown; and in New York City a “Letter of No Objection” for some buildings built or altered before 1938.

Unpermitted work

Work the file has no permit for. Whether it is well built is a separate question from whether it is on file.

Your options

What a seller can do about it

Which of these fits depends on what the file shows and what the municipality allows. Your attorney and the building department are the ones to confirm it.

  1. Get the file before you list. Ask the building department for the property’s permits, certificates and open items (every department is listed below). The City of Glen Cove puts it plainly: it asks homeowners “to be pro-active prior to listing their properties to ensure they have the proper paperwork.” In Queens and Brooklyn the Department of Buildings’ records are public online, in BIS and the DOB NOW Public Portal.
  2. Close out permits for finished work. Ask the department what a final inspection and the certificate require, and who has to request them.
  3. Legalize work that was never permitted. Departments have a process for existing work. The Town of Babylon, for one, publishes “Instructions to Maintain (legalize) a Structure.”
  4. Ask about older structures. Where a structure predates the department’s certificates, ask what it issues instead. The names differ by town; the table below notes the ones each town’s site uses.
  5. Restore what cannot be approved. If the zoning does not allow something, such as a second unit in a one-family house, ask the department what returning to the approved use involves.
  6. Disclose it and settle it in the contract. A buyer and seller can agree how an open item is handled, and the attorneys put that agreement in the contract.
Questions to ask

Questions to ask when the facts are in front of you

Once the file is in hand, these are the questions that tend to decide what happens next. They are questions for your attorney and the building department, not answers.

  1. What does the file list, item by item: permits, certificates, open permits and any violations?
  2. Does each certificate describe the house as it stands today: rooms, decks, pool, sheds, dormers, garage and basement?
  3. For each open permit: was the work finished, who took out the permit, and what does closing it require?
  4. Is there a violation on file, or only a missing certificate?
  5. Does any structure predate the department’s certificates, and what does this department issue for that?
  6. How long does the department say closing out or legalizing takes, and does that fit the closing date?
  7. What does the contract say about certificates and open permits, and what happens if one is not cleared by closing?
  8. Does the answer to Question 9 on the disclosure statement match the file?
  9. If there is a second kitchen or apartment: does the zoning allow it, and is there a permit or licence for it?
Basement apartments

Basement apartments and second kitchens

Whether a second unit is legal is a zoning and permit question, and the building department answers it, not the house. A basement apartment or second kitchen with no permit or approval on file is the kind of item the buyer’s attorney and lender ask about.

In New York City, the Department of Buildings defines an illegal conversion as “an alteration or modification of an existing building to create additional apartment units without first obtaining the proper permits or approval from DOB.” On Long Island the rules are each town’s or village’s own. The Town of Brookhaven, for example, says “An Accessory Apartment License is required to legally operate an accessory apartment within the Town.”

If the unit can be approved, the department explains how. If it cannot, ask what restoring the approved use involves. Either way, the attorney handling your sale advises on how it is handled in the contract.

Where the records are

Every building department in Nassau, Suffolk, Queens and Brooklyn

Your building department is the one for the municipality the house is in, which is not always the place named in its mailing address. Inside an incorporated village, the village keeps the building records; outside one, the town does (or, in Nassau, the City of Glen Cove or the City of Long Beach). If you pay a village tax bill, you are in a village. Queens and Brooklyn are both the NYC Department of Buildings.

Nassau County

Town or cityOfficial building page
Town of HempsteadAreas outside a villageBuilding DepartmentIssues a Letter in Lieu for older one-family houses
Town of North HempsteadAreas outside a villageBuilding, Safety, Inspection & EnforcementIssues a Certificate of Existing Use
Town of Oyster BayAreas outside a villageBuilding DivisionIssues certificates of completion for work that needs no CO
City of Glen CoveBuilding DepartmentIssues a Certificate of Existing Use
City of Long BeachBuilding Department
Nassau’s incorporated villages (64)
VillageOfficial building page
Atlantic BeachBuilding Department
Baxter EstatesBuilding Department
BayvilleBuilding Department
BelleroseBuilding Department
BrookvilleBuilding Department
CedarhurstBuilding Department
Centre IslandBuilding Inspector
Cove NeckBuilding Department
East HillsPermits and Requests
East RockawayBuilding
East WillistonBuilding Inspector's Corner
FarmingdaleBuilding Department
Floral ParkBuilding Department
Flower HillBuilding Department
FreeportBuilding
Garden CityBuilding Department
Great NeckBuilding Department
Great Neck EstatesBuilding Department
Great Neck PlazaBuilding
HempsteadBuilding
Hewlett Bay ParkBuilding Department
Hewlett HarborApplication/Licenses
Hewlett NeckBuilding Department
Island ParkBuilding Department
KensingtonBuilding Department
Kings PointBuilding Department
Lake SuccessBuilding Department
LattingtownBuilding & Landscaping
Laurel HollowBuilding Department / Code Enforcement
LawrenceBuilding Department
LynbrookBuilding Department
MalverneBuilding Department
ManorhavenBuilding Department
Massapequa ParkBuilding and Zoning
MatinecockPrintable Village Forms
Mill NeckBuilding Department
MineolaBuilding Department
Munsey ParkPermit Forms Library
MuttontownDepartments (Building Department section)
New Hyde ParkBuilding Department
North HillsBuilding Department
Old BrookvilleVillage Code and Forms
Old WestburyBuilding Department
Oyster Bay CoveForms (Building Department section)
PlandomeVillage Permits and Forms
Plandome HeightsForms (building permit forms)
Plandome ManorBuilding Department
Port Washington NorthBuilding Department
Rockville CentreBuilding Department
RoslynBuilding Department
Roslyn EstatesBuilding Department
Roslyn HarborBuilding Department
Russell GardensBuilding Department
Saddle RockVillage websiteThe village website was under construction on Oct. 23, 2026, with no building page online.
Sands PointBuilding
Sea CliffBuilding Department
South Floral ParkPermits (Permit Applications)
Stewart ManorPermits & Licenses Info
ThomastonBuilding Department
Upper BrookvilleBuilding Department
Valley StreamBuilding Department
WestburyBuilding Department
Williston ParkBuilding Department
WoodsburghBuilding Department

Suffolk County

Suffolk has no cities. The Census also lists two reservations, Shinnecock and Poospatuck; they are not towns or villages, so they are not in this table.

TownOfficial building page
Town of BabylonAreas outside a villageBuilding DepartmentPublishes instructions to maintain (legalize) a structure
Town of BrookhavenAreas outside a villageBuilding DivisionIssues a Certificate of Existing Use (CEU)
Town of East HamptonAreas outside a villageBuilding Department
Town of HuntingtonAreas outside a villageBuilding & Housing
Town of IslipAreas outside a villageBuilding Division
Town of RiverheadAreas outside a villageBuilding
Town of Shelter IslandAreas outside a villageBuilding Department
Town of SmithtownAreas outside a villageBuilding DepartmentOffers a History Letter (Letter in Lieu)
Town of SouthamptonAreas outside a villageBuilding & Zoning DivisionForms include a Pre-Existing Certificate of Occupancy
Town of SoutholdAreas outside a villageBuilding Department
Suffolk’s incorporated villages (32)

Queens and Brooklyn

BoroughOfficial building page
NYC Department of BuildingsQueens and BrooklynCertificates of occupancyIssues a Letter of No Objection for some buildings from before 1938
Look up a building’s recordsQueens and BrooklynBuilding Information Search (BIS)Filings made in DOB NOW are on the DOB NOW Public Portal

Every link above was opened on October 23, 2026. The list of towns, cities and villages is the U.S. Census Bureau’s (TIGERweb, current boundaries). If a link has moved, the municipality’s own website lists its building department.

Selling on Long Island or in Queens?

Know what the file says before you list.

Get the building department’s file before a buyer’s attorney does. We can show you where your town or village keeps it; the attorney handling your sale advises on what it means.

Or call (516) 770-3782
Questions sellers ask

Open permits, COs and unpermitted work: common questions

Can I sell my house with an open permit in New York?

An open permit does not stop you from listing, but expect it to come up before closing. The buyer's attorney commonly orders a search of the building department's file, and in New York City the Department of Buildings says violation information "will appear in a property title search." What happens next is set by the contract and by what the buyer, the title company and the lender will accept. Ask the department what closing the permit requires before you list.

Can I sell a house without a certificate of occupancy?

Many older houses have no certificate for the original house because they were built before the municipality issued them. The Town of Hempstead, for example, says it first issued building permits in 1930 and certificates of occupancy in 1936, and New York City says buildings built before 1938 are not required to have one unless later alterations changed the use, egress or occupancy. For those houses, departments issue documents such as a letter in lieu or a certificate of existing use. A missing certificate for later work, such as an addition, is a different question: ask the department what it requires for that work.

What is a letter in lieu of a certificate of occupancy?

It is a letter some building departments issue for a house that predates their certificates. The Town of Hempstead's Letter in Lieu asks for an age letter and old record cards from the Nassau County assessor and a property search from the Town. Other departments use other names: a Certificate of Existing Use in North Hempstead, Brookhaven and Glen Cove, a Pre-Existing Certificate of Occupancy in Southampton, a History Letter in Smithtown, and a Letter of No Objection from the NYC Department of Buildings.

Can I sell a house with an illegal basement apartment?

The apartment is a zoning and permit question that the buyer's attorney and lender are likely to raise. Whether it can be legalized depends on the municipality: in New York City, adding a unit without permits or approval from the Department of Buildings is an "illegal conversion," and on Long Island towns such as Brookhaven require a licence for an accessory apartment. The paths are to legalize it if the rules allow, to restore the approved use, or to disclose it and agree in the contract how it is handled.

Do I have to disclose unpermitted work when I sell in New York?

The State's Property Condition Disclosure Statement (form DOS-1614-f, Rev. 02/25) asks in Question 9, "Are there certificates of occupancy related to the property?" and asks the seller to explain a "No." It has no separate question about permits, open permits or violations. The statement is answered from actual knowledge, and it does not apply to co-ops or condos. What else you must disclose, and how, is a question for the attorney handling your sale.

How do I get a certificate of occupancy?

From the building department for the municipality the house is in: the town, city or incorporated village on Long Island, or the NYC Department of Buildings in Queens and Brooklyn. For permitted work, the certificate follows a final inspection. For work done without a permit, the department's legalization process applies. Every Long Island and New York City building department is linked on this page.

How do I find out if my house has open permits?

Ask the building department for the property's file, or use its online portal where there is one. The Towns of Hempstead and North Hempstead both run online permit portals, and New York City's records are public on the Department of Buildings' BIS and DOB NOW systems. The file lists permits, certificates and anything left open.

Will a lien show up when I sell?

Recorded liens, such as a mortgage or a judgment, are found by the title search and are normally paid off or otherwise resolved at or before closing. In New York City, open building violations are public and appear in a title search. Your attorney and the title company tell you which items apply to your property.

Official sources (17)

Every source was read on October 23, 2026.

Joseph DeVito is a New York Licensed Associate Real Estate Broker and a New York attorney. He does not act as both broker and attorney on the same transaction: here he acts as a real estate broker only, and he is not your attorney. Real estate services provided through Keller Williams Realty Greater Nassau are not legal representation. Everything on this site is general information for educational purposes only. It is not legal advice, it creates no attorney-client relationship, and it should not be relied on as legal advice — for advice about your own situation, consult your own attorney.

This page is general information about how building records come up in a New York sale, not legal advice about your property. What your file shows, what it means for your contract, and what to do about it depend on the property and the municipality, so confirm them with the attorney handling your sale and with the building department.

The DeVito Team of Keller Williams Realty Greater Nassau
Joseph DeVito, NY Licensed Associate Real Estate Broker
400 Garden City Plaza Ste 438, Garden City, NY 11530 · (516) 770-3782

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