Is that finished basement, sunroom, or extra bath really legal? When you buy in New Hyde Park, COs and permits can make or break your timeline, loan, and insurance. You want a smooth closing with no surprises after you move in. This guide gives you a clear checklist to verify certificates, spot issues early, and decide how to resolve anything that pops up. Let’s dive in.
COs and permits basics
A Certificate of Occupancy, or CO, is the municipality’s proof that a building or space is approved for a specific use and meets code. In New York State, approvals follow the NYS Uniform Fire Prevention and Building Code, and your local building department issues the CO.
You may also see a Temporary Certificate of Occupancy (TCO) if certain items remain, but the town allows occupancy for a limited time. Smaller projects sometimes receive a certificate of compliance or final trade sign-off instead of a full CO.
Why it matters: lenders and insurers often require a valid CO or proof the current use is lawful. Missing or incorrect paperwork can delay closing, raise costs, or require remediation.
Who issues COs here
“New Hyde Park” covers more than one jurisdiction. Always confirm which office governs your property before ordering searches or filing requests.
- Village of New Hyde Park Building Department: for homes inside the incorporated Village.
- Town of North Hempstead Building Department: for unincorporated areas in North Hempstead.
- Town of Hempstead Building Department: for parcels in Hempstead’s portion of the area.
- Nassau County offices: the County Clerk records deeds, mortgages, and liens. The Health Department may hold septic or well records.
Tip: check the property’s municipality first, then contact that building department for the official permit and CO history.
Common issues in New Hyde Park
- Additions and finished basements without permits. Sunrooms, dormers, decks, garage conversions, and basement buildouts often lack final approvals.
- Illegal or undisclosed accessory units. Converting a single-family home into a multi-family setup without permits can trigger violations.
- Open or expired permits. Work was started but never closed with a final inspection.
- Temporary COs with conditions. Make sure you know what is outstanding and who will complete it.
- Septic, sewer, or well details. Some homes may have septic documentation or sewer connection considerations.
- Underground oil tanks and environmental items. Missing removal or closure paperwork can create liability.
- Municipal code violations or stop-work orders. These can carry fines or require corrective work.
Buyer checklist
Before you make an offer
- Ask the seller or listing agent for the current CO or TCO and any trade sign-offs.
- Request copies of permit history for renovations and additions.
- Confirm the property’s municipal jurisdiction: Village, Town of North Hempstead, or Town of Hempstead.
During the contract stage
- Include a municipal and permit contingency allowing you to order a search, review results, and cancel or require fixes if unacceptable.
- Specify who pays to close open permits or violations. Consider an escrow holdback if timing is tight.
Right after contract acceptance
- Have your attorney or title company order a municipal permit search from the correct building department. Ask for open-permit and violation records.
- Order a title commitment and municipal lien search.
- Schedule a thorough home inspection. If the inspector suspects unpermitted work, bring in a licensed electrician, plumber, or structural engineer for further review.
- If septic or well may apply, request related health department records or a site inspection.
- If there is evidence of an oil tank, request environmental documentation and any remediation records.
Before closing
- Require resolution of major open permits and violations, or agree to an escrow holdback with a clear timeline.
- Confirm your lender’s and insurer’s requirements for a final CO or a written plan to obtain one.
- Verify releases for any municipal liens and confirm no outstanding fines remain.
How to verify and where
Building department (primary source)
- Request address-based permit history, final inspection sign-offs, CO or TCO records, and any open permits or violations.
- Ask whether the office provides an official open-permit letter that title companies accept.
Nassau County Clerk
- Review recorded documents such as deeds, mortgages, judgments, and liens that can impact title.
- Note that permit and CO records are held by local building departments, not the Clerk.
Nassau County Health Department
- If septic or well applies, request septic permits, approvals, and pump-out or replacement records.
County GIS and assessment records
- Cross-check parcel boundaries, tax classification, assessed building description, and lot size with what you see on site.
Title company municipal search
- Title teams often coordinate a municipal permit or lien search and will advise how open permits affect title insurance.
Independent inspections and surveys
- A licensed home inspector, architect, or engineer can flag signs of unpermitted work. Follow their recommendations for further trade inspections as needed.
Fixing problems before closing
- Clear everything before closing. The seller schedules inspections, pays any fines, completes corrections, and obtains final sign-offs or a CO. Minor items may take days to weeks; larger corrections can take months.
- Use an escrow holdback. Funds are held after closing while work is completed and the municipality issues final approvals.
- Buyer-led post-closing fixes. You take on the permits and corrections. This can be riskier and may affect lending or insurance.
- If enforcement is active. Significant violations can bring fines, required demolition, or upgrades to meet current code. Budget time and cost accordingly.
Lender and insurance factors
- Many mortgage underwriters require a valid CO for the stated use. Changes such as an unapproved multi-family setup can derail a loan.
- Insurance carriers can limit or deny coverage for claims tied to unpermitted work or structural issues. Some require disclosure at or before binding.
Local pros to involve
- Real estate attorney to draft the municipal contingency, order and interpret searches, and negotiate escrow terms.
- Local real estate agent with New Hyde Park expertise to help identify jurisdiction and common pitfalls.
- Title company to run title and municipal lien searches and advise on exceptions.
- Municipal permit expediter or local architect/engineer if retroactive permits or plans are needed.
- Licensed home inspector and trade specialists to estimate corrective work.
- Environmental and septic specialists when tanks or septic systems are involved.
Bottom line for New Hyde Park buyers
Do not rely on verbal assurances. Ask for COs, permits, and violation records in writing, and build a municipal contingency into your contract. With the right searches and local pros, you can avoid costly surprises, protect your financing and insurance, and close with confidence.
If you want a local guide who lives in this process every day, connect with Kathleen Evangelista for help reviewing COs, permit histories, and next steps.
FAQs
Can a New Hyde Park home close without a CO?
- Possibly, but your lender and insurer may require resolution first; if allowed, plan on an escrow holdback or strict remediation terms.
Who fixes open permits in Nassau County?
- It is negotiable; sellers often resolve them pre-closing, or you can use an escrow or price adjustment if timing is tight.
How long does a municipal permit search take?
- Time varies by office and workload; expect anywhere from a few days to several weeks.
What if there is no record of a past renovation?
- Lack of a record does not prove the work was permitted; bring in inspectors, get seller statements, and consider protective contract language.
Are finished basements and accessory units always legal?
- Not necessarily; you must verify permits, CO or compliance certificates, and confirm the approved use with the correct building department.
What happens if violations are found before closing?
- Options include seller remediation before closing, an escrow holdback with deadlines, or buyer-led fixes if your lender and insurer allow it.
