Austin certificates of occupancy and compliance: what they are and when you need one

Last verified August 7, 2026 against the Austin Land Development Code · Kimbrough Gray · KiliGray Homes

In Austin's zoning jurisdiction you cannot use or occupy a structure until the building official issues a certificate of occupancy. In the planning jurisdiction the accountable official issues certificates of compliance instead — for subdivision infrastructure, plus the site plan where one is required. A structure and use both predating 1 March 1986 can get an occupancy certificate despite noncompliance.

Applies to: Development in the zoning jurisdiction and in the planning jurisdiction, and in a municipal utility district whose consent agreement requires a building permit.

Two different certificates

Austin issues two, and which one you need depends on whether your project required a site plan.

Certificate of occupancy — for development that does not require a site plan. Without it you may not use or occupy the structure.
Certificate of compliance — for development that does. Without it you may not use or occupy the development covered by the site plan.

The prohibition is on use and occupancy, not on finishing construction. A building can be complete and legally unusable.

What has to be true before one issues

For a certificate of occupancy, §25-1-363 requires all of:

the development has passed required inspections;
the owner satisfies fiscal security requirements;
the work matches the released site plan, construction plans and other ordinance requirements; and
a final acceptance letter has been signed for subdivision infrastructure, or a developer agreement executed.

Other chapters add their own gates. A required sidewalk has to be installed first, unless a fee has been paid instead — three separate sections say so.

Temporary certificates

§25-1-364 lets you apply for a temporary certificate of occupancy before the building is finished, and separately for a temporary certificate of retail occupancy tied to a temporary retail use permit.

The test is safety rather than completeness: the building official may issue one on determining that the proposed use or occupancy is not a hazard. Useful where a project is substantially done but trailing items remain.

The pre-1986 exemption

This is the provision worth knowing on older Central Austin property. A use or occupancy that never had a certificate of occupancy can still obtain one if all five conditions hold:

the structure existed before 1 March 1986;
the use or occupancy was established before 1 March 1986;
it was not subject to an enforcement action on 1 January 1988;
the use is permitted or is a nonconforming use; and
it is not an adult-oriented business.

And then the part that surprises people:

What the code says

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Austin Land Development Code

Notwithstanding the noncompliance. Where the section applies, the certificate issues even though the building or the use does not meet current requirements. It is a route to regularising an old property that would fail today's standards.

§25-1-366 expired in 2017 — ignore it. The code still prints a "Fee Waiver Program for Existing Residential Structures", waiving Board of Adjustment variance fees and refunding permitting and inspection fees. It reads like a live benefit and it is easy to find. Its own subsection (B)(4) says it expires on June 6, 2017. We mention it only so that finding it does not cost you a phone call.

What we watch on a certificate

The certificate is where every loose end lands at once — inspections, fiscal security, the sidewalk, the acceptance letter. It is worth working backwards from it early, because each of those has its own lead time and they do not run in parallel by default.

On an older property with no certificate on file, check the 1986 dates before assuming the building has to be brought up to current standards. The exemption is narrow but it is real, and it turns on when the structure and the use were established — two separate questions people tend to merge.

And a temporary certificate is a genuine tool rather than a favor. If the outstanding items are not safety items, it is worth asking.

Common questions

Do I need a certificate of occupancy in Austin?

You may not use or occupy a structure without one. For development that required a site plan the equivalent document is a certificate of compliance.

What is the difference between a certificate of occupancy and compliance?

A certificate of occupancy covers development that did not require a site plan. A certificate of compliance covers development that did, and applies to the development included in that site plan.

Can I get a temporary certificate of occupancy in Austin?

Yes. You may apply before the building is finished, and the building official may issue one on determining the proposed use or occupancy is not a hazard.

My old house has no certificate of occupancy. What now?

Check §25-1-365. If the structure and the use both predate 1 March 1986, there was no enforcement action on 1 January 1988, the use is permitted or nonconforming and it is not an adult-oriented business, the building official shall issue one — notwithstanding noncompliance of the building or use.

Is there a fee waiver for existing residential structures in Austin?

Not any more. §25-1-366 created one but it expired on 6 June 2017 by its own terms, though the section is still printed in the code.

What can hold up a certificate of occupancy?

Failed or outstanding inspections, unsatisfied fiscal security, work not matching the released plans, a missing final acceptance letter — and, from another chapter, a required sidewalk that has not been installed or paid for in lieu.

Send us an address and we will tell you what we find

We do this research ourselves on every project we take on — zoning, floodplain, watershed, trees, whether it is a legal lot. Send us an address and we will run it and tell you what we find. It works the same whether you own a vacant lot, a house you are thinking of adding a unit to, or a house you are thinking of replacing. No charge and no strings, and if it is a bad lot we will say so.

Send us an address

We are homebuilders, not the City of Austin. This page explains how we read the code in practice — it is not legal advice and it is not an official determination. Always confirm with Austin Development Services before you rely on it for a project. The authoritative text is the Austin Land Development Code; permitting questions go to Austin Development Services Department.