Temporary sales offices and model apartments in new buildings must be filed with the Department Of Buildings before prospective buyers can come see them if the building does not yet have a Certificate Of Occupancy.
Temporary Sales Office On the Ground Floor
New Buildings in New York City require a Certificate Of Occupancy or Temporary Certificate Of Occupancy in order to be occupied. There are specific requirements that allow a Temporary Sales Office for selling apartments in New Residential Buildings when the building is still under construction and has not yet received a Certificate Of Occupancy or Temporary Certificate Of Occupancy. Below are the criteria to qualify for two different types of temporary sales offices. One type of temporary sales office is on the ground floor and the other is on the upper floor or with a model apartment.
Temporary Sales Office On the Ground Floor
Below is the criteria for opening a temporary sales office on the ground floor of a new apartment building before the building receives a certificate of occupancy. This is for sales of apartments in the same building.
- Only one sales office is allowed in an individual building.
- The temporary sales office is on the ground floor and exits directly on the street or through a finished lobby. The means of egress must comply with all applicable codes, specifically Building Code Chapter 10 Means Of Egress.
- An Alteration Type 2 (Alt 2) is filed with the Department Of Buildings for the sales office. This application cannot be filed as Directive 14.
- On the Plan Work Application PW1 for section 11 Job Description must have the following wording: “This application is filed for a Temporary Use Permit for a sales office pursuant to section AC 28-111 and Buildings Bulletin 2010-002“
- A registered architect must submit plans showing compliance with regards to means of egress and fire sprinklers.
- The office must comply with ADA accessibility requirements plans must be submitted to show compliance.
- Public access to any areas of the building still under construction must be prohibited.
Temporary Sales Office With Model Apartments Not On The Ground Floor
Below is the criteria for opening a temporary sales office with model apartments not on the ground floor of a new building before the building receives a certificate of occupancy. This is for sales of apartments in the same building.
- Only one sales office is allowed in an individual building in conjunction with one or more model apartments in the same building.
- The means of egress from the temporary sales office and all model apartments must comply with all applicable codes specifically Building Code Chapter 10 Means Of Egress.
- A minimum of one passenger elevator is used to access the floors with model apartments. The elevator must have passed its inspections and have a Certificate of Compliance.
- An Alteration Type 2 (Alt 2) is filed with the Department Of Buildings for the sales office. This application cannot be filed as Directive 14.
- On the Plan Work Application PW1 for section 11 Job Description must have the following wording: “This application is filed for a Temporary Use Permit for a sales office including model apartments pursuant to section AC 28-111 and Buildings Bulletin 2010-
002“ - A registered architect must submit plans showing compliance with regards to means of egress, standpipe, and fire sprinklers. Fire sprinklers must be complete for the highest floor with a model apartment, the floor above, and all floors below.
- Fire alarm is required or a “fire guard” with a “certificate of fitness” from FDNY must be on duty at all times the apartments are open to the public.
- The office must comply with ADA accessibility requirements plans must be submitted to show compliance.
- Public access to any areas of the building still under construction must be prohibited.
NYC Codes
As an architect, I study codes closely. NYC Codes are complicated and quite involved. In this article, we reviewed some of the basic requirements with regards to Temporary Sales Offices and Model Apartments in unfinished buildings. This analysis does not assume to cover every possible issue or condition, but provide a general overview.
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This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City architecture firm Fontan Architecture. Jorge Fontan has earned 3 degrees in the study of architecture including two degrees from the City University of New York and a Masters Degree in Advanced Architectural Design from Columbia University. Jorge has a background in construction and has been practicing architecture for 20 years where he has designed renovations and new developments of various building types.
