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posted May 31, 2019 5:58:44 PM

Does a temporary occupancy permit in 2016 qualify as a date of occupancy by homeowner for a geothermal tax credit?

The house is new construction, with geothermal heat pump. Wondering if temporary occupancy permit can be considered the "in-service" date. 

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Level 15
May 31, 2019 5:58:49 PM

As you can see from the above comments ( absent any specific restriction in the local code), Occupency certificate -- a full one or a temporary one means the same thing as far as use as main resiendcy goes  ONLY during the validity of the certificate.  All the temporary means is that there is a time limit within which you must remove the defficiency / limitation. -- it does not mean no occupancy  but conditional occupanmcy.  I myself  have had this once where the  kitchen did not have the final flooring installed yet and the city gave me six months to complete the task and get it inspected. I did occupy the building and recitified the issue within the alotted time. So answer to your question is YES

3 Replies
Level 15
May 31, 2019 5:58:46 PM

How is that temporary occupancy permit different from a certificate of occupancy?   Can you live there as a residence?   The answer may depend on the permit law in your city or state.

Level 15
May 31, 2019 5:58:48 PM

Temporary certificates of occupancy are generally used when a building is still under minor construction, but there is a certain section that is deemed habitable. Usually it can legally be occupied when the TCO is issued.  But do check you local permit laws.

Level 15
May 31, 2019 5:58:49 PM

As you can see from the above comments ( absent any specific restriction in the local code), Occupency certificate -- a full one or a temporary one means the same thing as far as use as main resiendcy goes  ONLY during the validity of the certificate.  All the temporary means is that there is a time limit within which you must remove the defficiency / limitation. -- it does not mean no occupancy  but conditional occupanmcy.  I myself  have had this once where the  kitchen did not have the final flooring installed yet and the city gave me six months to complete the task and get it inspected. I did occupy the building and recitified the issue within the alotted time. So answer to your question is YES