Quick answer: In the City of Los Angeles, no building or part of a building may be used or occupied until the Department of Building and Safety (LADBS) has issued a Certificate of Occupancy (CofO) for it (LAMC § 91.109.1). In practice LADBS issues one for new buildings, additions, and changes of use or occupancy — not for a remodel that adds no floor area. It is issued without charge after the final inspection and department clearances, and LADBS says processing takes 1 to 7 days. Many older LA homes legitimately have no CofO, because earlier codes did not require one for houses. APLA Construction (CA Lic #1136359) takes ADUs, additions and commercial build-outs through final inspection to the certificate.
A Certificate of Occupancy is the City’s record that a building, or a portion of one, has passed final inspection and may be used for the occupancy it was permitted for. Under LAMC § 91.109.4 it lists the permit numbers, the address, the owner, the portion of the building it covers, a statement that the building complies with the code for its occupancy and use, and the zoning (Chapter I) requirements that apply. It is signed by the Superintendent of Building or an authorized representative.
The rule itself is short. LAMC § 91.109.1 states that no building or structure “shall be used or occupied until a Certificate of Occupancy has been issued” for it. The exceptions are narrow: an existing building whose occupancy is the same as the one its original permit was issued for, certain assembly and school buildings built before 1934 whose use has not lapsed for more than six months, and structures whose architecture inhibits occupancy.
LADBS answers this directly in its published FAQs: a Certificate of Occupancy is required for new buildings, additions, change of use or occupancy. Here is how that plays out on common projects:
| Project | New CofO? | Source |
| New house, new detached ADU or new commercial building | Yes | LADBS FAQ; LAMC § 91.109.1 |
| Addition that adds square footage | Yes — on an apartment building, for the addition only | LADBS FAQ; Bulletin P/BC 2026-108 |
| Change of occupancy to a different group or division | Yes, even if no construction is required | LAMC § 91.8203 |
| Kitchen, bathroom or whole-house remodel with no added floor area | No | LADBS FAQ |
| Commercial tenant improvement for the same use | No, unless the permit is for a change of use | LADBS FAQ |
| Apartment building converted to condominiums (no change in occupancy) | A Certificate of Completion instead | Bulletin P/BC 2026-108 |
The remodel answer surprises people. LADBS states that a CofO “will only be issued if it is a change of occupancy or an increase in square footage.” A remodel permit is closed out by its final inspection; it does not produce a new certificate.
If a records search turns up no CofO for an older house, that is not automatically a problem. LADBS’s Information Bulletin P/BC 2023-109 explains that past codes did not always require one: before 1923 the Department was not required to issue a Certificate of Occupancy for any building, and before 1943 one- and two-family dwellings did not require one. The bulletin includes a history table of how the requirement changed over the decades, written “to assist customers and lenders.”
That last word matters. The same bulletin notes that many lenders require a valid Certificate of Occupancy before a change in ownership or a refinance. For an older house, the original building permits and the bulletin’s history table are usually what answer a lender’s question. For a newer building, or for space added later, a missing CofO is more likely to point to work that was never finaled.
LADBS says processing takes anywhere between 1 to 7 days. What usually takes longer is upstream: an open clearance, an unfinished public-improvement item or a failed final inspection item. Tracking every clearance from the day the permit is issued is the simplest way to keep one from surfacing at the end.
When a building is safe to occupy but not every item is finished, LADBS can issue a temporary Certificate of Occupancy for the building or a portion of it, provided no substantial hazard will result (LAMC § 91.109.5). Under the code:
A TCO is a bridge, not a finish line. Plan the remaining work and clearances so the final certificate is issued before the temporary one runs out.
A new ADU is a new building or an addition, so it receives its own Certificate of Occupancy when it passes final inspection. State law adds a sequencing rule: under Government Code § 66328(a), a city “shall not issue a certificate of occupancy for an accessory dwelling unit before” it issues one for the primary dwelling. If you are building a new house and an ADU together, the house has to reach its certificate first.
There is one exception, added in 2025: in a county under a state of emergency proclaimed by the Governor on or after February 1, 2025, a city must issue the ADU’s certificate first if the primary dwelling was substantially damaged or destroyed in that emergency and the ADU has its permits and has passed all required inspections. The exception does not apply to an attached ADU (§ 66328(b)–(c)).
For ADUs built without permits before 2020, LADBS’s Bulletin P/BC 2026-161 sets out a streamlined process to permit the unit and obtain a Certificate of Occupancy under AB 2533. See our AB 2533 legalization guide and our ADU permit process guide.
For business owners, the Certificate of Occupancy question usually comes up when a space changes hands. LAMC § 91.8203 requires a new Certificate of Occupancy for every change of occupancy to a different occupancy group, or a different division of the same group, “whether or not any alterations to the building are required.” A tenant improvement that keeps the same use does not need a new certificate.
That makes the use classification a lease-stage question, not a construction-stage one. A retail space becoming a restaurant, an office becoming a medical clinic or a warehouse taking on assembly uses should all be checked for a change of occupancy before the lease is signed, because the change can bring the space under current requirements for exits, accessibility, fire protection and plumbing fixtures. Our guides to commercial tenant improvements, restaurant build-outs and medical and dental office build-outs cover what each typically involves.
Using or occupying a building that needs a certificate and does not have one is a violation of LAMC § 91.109.1. Under LAMC § 11.00(m), a violation of the Municipal Code is generally punishable as a misdemeanor, with a fine of up to $1,000, up to six months in county jail, or both, unless the code provides otherwise. The practical consequences tend to arrive first: a lender that will not refinance, a buyer’s inspector or escrow flagging space that was never finaled, or a code enforcement order. The fix is to permit and final the work so a certificate can be issued — and, for pre-2020 ADUs, the AB 2533 path above makes that considerably easier than it used to be.
Everything above is City of Los Angeles law. Unincorporated areas are served by LA County Public Works Building and Safety, and independent cities such as Glendale, Pasadena, Burbank, Santa Monica and Culver City run their own building departments. The core idea is the same everywhere in California — no occupancy before final approval — but forms, temporary-certificate terms and fees differ, so check with the department that issued your permit.
APLA Construction is a licensed California general building contractor (B license). On new ADUs, room additions and commercial build-outs we manage the permit through every inspection and clearance to the final certificate, and on change-of-use spaces we check the occupancy question before you commit to a lease or a design. See our Los Angeles building permit guide and room addition permit guide.
No. LADBS issues a Certificate of Occupancy only for a change of occupancy or an increase in square footage. A kitchen, bathroom or whole-house remodel that adds no floor area is closed out by its final inspection, without a new certificate.
LADBS says processing takes anywhere between 1 and 7 days. Before that, the permit needs its final inspection and its clearances — such as fire, Public Works, sanitation and the building trades — and any required public improvements must be reported complete.
Generally no. Government Code § 66328(a) bars a city from issuing an ADU’s certificate before the primary dwelling’s. The exception applies in counties under a state of emergency proclaimed on or after February 1, 2025, where the main house was substantially damaged or destroyed and the detached ADU has passed all inspections.
Not necessarily. Before 1943, one- and two-family dwellings in Los Angeles did not require one, and LADBS Bulletin P/BC 2023-109 sets out how the requirement changed over time. Lenders sometimes ask for a certificate before a sale or refinance; the original permits and the bulletin’s history table usually answer that question for an older home.
Up to six months under LAMC § 91.109.5, and LADBS may issue additional temporary certificates. The fee is $453 plus an occupancy-based amount from LAMC Table 1-B. When the temporary certificate expires, a full Certificate of Occupancy is required.
Whether it is a new ADU, an addition or a change-of-use build-out, the certificate at the end depends on decisions made at the start. Call (818) 818-4419 or email info@aplaconstruction.com. CA License #1136359.
Sources, read 14 October 2026: Los Angeles Municipal Code § 91.108–91.109, § 91.8203 and § 11.00; LADBS FAQs on when a CofO is required, remodel permits, tenant improvements, processing time and clearances; LADBS Information Bulletins P/BC 2023-109, P/BC 2026-108 and P/BC 2026-161; California Government Code § 66328; LADBS building records and Residential Property Report pages. General information, not a determination for a specific property.