AEC definitions

What Is a Temporary Certificate of Occupancy?

Last reviewed: September 2026

A temporary certificate of occupancy, or TCO, is the building department's permission to occupy part of a building before all work is complete. It lists conditions and an expiration date. Life safety for the occupied area has to be in place. A TCO is not a final certificate of occupancy, and it can be revoked if the conditions are missed.

Issued by
The building official, often with the fire official
Allows
Occupancy of a defined area before final completion
Includes
Conditions and an expiration
Requires
Life safety in the occupied portion
Not
The final certificate of occupancy
Contract effect
Only what the agreement says about partial occupancy

Definition

Temporary certificate of occupancy

Owners use a TCO to open a floor while another floor is unfinished, or to staff a building while punch remains. The fire marshal and the building inspector both may have to sign. Alarms, exits, fire protection for the occupied zone, and a safe separation from construction areas are typical conditions. The contractor still owes the final CO. Rent, hotel operations, or a school calendar may start on the TCO. The contract should say whether that starts warranties, insurance changes, or liquidated-damages relief. Those are different clocks.

In depth

Read the conditions as a scope list

The TCO may require a fire watch, a finished stair, temporary partitions, or a limited occupant load. Missing a condition can void the permission. Assign each condition to a contractor and a date before you invite the inspector.

The occupied area should be drawn, not described as 'the building.' Partial means partial.

The occupied zone has to work

Exits from the occupied floors must discharge without sending occupants through an open construction site. Alarms and sprinklers for those floors have to be accepted. A decorative lobby does not substitute.

The inspector is not approving the unfinished floors. Those stay under construction rules.

Partial occupancy is a contract event

AIA and similar forms have a partial-occupancy process: inspection, a certificate, and an agreement about responsibility for the occupied part. Insurance and the correction period may start for that part. Liquidated damages may stop for that part if the clause says so.

Do not assume the TCO waived punch or retainage. The contract still holds those.

The TCO expires

The date is real. Renew it before it lapses or finish the work and obtain the final certificate.

Operating on an expired TCO is occupying without a certificate. The closeout log should show both dates.

Examples

Temporary certificate of occupancy on a real project

  • 01

    The city issues a TCO for floors one through three, expiring in 90 days, conditioned on a temporary stair enclosure. Floors four and five stay under construction.

  • 02

    The contract's partial-occupancy letter starts the warranty on the occupied floors only.

  • 03

    The team renews the TCO once, then receives the final certificate when punch and inspections close.

FAQ

Frequently asked questions

Permission from the building official to occupy a defined part of a project before the final certificate, with conditions and an end date.

The TCO is partial and temporary. The certificate of occupancy is the full approval when the project meets the code and the permit. You still need the final certificate.

No. Punch, inspections, and closeout continue. The TCO allows occupancy of what is safe to occupy. The contract says what that does to payment, warranty, and damages.

The building official, often after the fire official agrees. It is not a letter the architect can sign in their place.
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What Is a TCO? | Nomic