CERTIFICATES OF COMPLIANCE AND OCCUPANCY.

Austin City Code tit. 25, ch. 25-1, art. 9

in effect

Austin City Code § 25-1-361 CERTIFICATE REQUIRED.

§ 25-1-361 - CERTIFICATE REQUIRED. (A) In the zoning jurisdiction and in a municipal utility district that has a consent agreement with the City requiring the issuance of a building permit, a person may not use, occupy, or change the existing use or occupancy of a structure unless the building official has issued a certificate of occupancy for the structure. (B) In the planning jurisdiction: (1) for development that does not require a site plan, a person may not use or occupy a structure unless the accountable official has issued a certificate of compliance for the subdivision infrastructure; and (2) for development that requires a site plan, a person may not use or occupy the development included in the site plan unless the accountable official has issued certificates of compliance for the site plan and the subdivision infrastructure. Source: Sections 13-1-903, 13-1-904, and 13-1-906; Ord. 990225-70; Ord. 031211-11.

Austin City Code § 25-1-362 ISSUANCE OF CERTIFICATE OF COMPLIANCE.

§ 25-1-362 - ISSUANCE OF CERTIFICATE OF COMPLIANCE. The accountable official shall issue a certificate of compliance if the development has been completed in accordance with the released site plan, construction plans, and other ordinance requirements, as applicable, and for subdivision infrastructure: (1) in the extraterritorial jurisdiction, the accountable official has signed a final acceptance letter; or (2) in the zoning jurisdiction: (a) the accountable official has signed a final acceptance letter; or (b) the accountable official and the developer have executed a developer agreement. Source: Section 13-1-903; Ord. 990225-70; Ord. 031211-11.

Austin City Code § 25-1-363 ISSUANCE OF CERTIFICATE OF OCCUPANCY.

§ 25-1-363 - ISSUANCE OF CERTIFICATE OF OCCUPANCY. Except as provided in Section 25-1-364 (Temporary Certificate Of Occupancy) and Section 25-1-365 (Exemption From Compliance) of this article, the building official shall issue a certificate of occupancy if: (1) the development has passed required inspections; (2) the owner satisfies fiscal security requirements; (3) the development has been completed in accordance with the released site plan, construction plans, and other ordinance requirements, as applicable; and (4) the accountable official has signed a final acceptance letter for subdivision infrastructure or the accountable official and the developer have executed a developer agreement, if applicable. Source: Section 13-1-904(a); Ord. 990225-70; Ord. 000309-39; Ord. 031211-11.

Austin City Code § 25-1-364 TEMPORARY CERTIFICATE OF OCCUPANCY.

§ 25-1-364 - TEMPORARY CERTIFICATE OF OCCUPANCY. (A) A person may file an application with the building official for: (1) a temporary certificate of occupancy before the building or structure is finished or (2) a temporary certificate of retail occupancy in connection with a temporary retail use permit approved under Section 25-2-921(F) (Temporary Uses Described). (B) The building official may issue a temporary certificate of occupancy if the building official determines that the proposed use or occupancy is not a hazard to life, health, or the public safety. Source: Section 13-1-904(b); Ord. 990225-70; Ord. 031211-11; Ord. 20111110-075.

Austin City Code § 25-1-365 EXEMPTION FROM COMPLIANCE.

§ 25-1-365 - EXEMPTION FROM COMPLIANCE. (A) This section applies to an existing use or occupancy for which a certificate of occupancy was not issued if: (1) the structure in which the use or occupancy occurs existed before March 1, 1986; (2) the use or occupancy was established before March 1, 1986; (3) the use or occupancy was not subject to an enforcement action on January 1, 1988; (4) the use is a permitted use or is a nonconforming use; and (5) the use is not an adult-oriented business use. (B) The building official shall issue a certificate of occupancy for a use or occupancy described in Subsection (A) if the building official determines that continuing the existing use or occupancy is not a hazard to life, health, or the public safety. (C) The building official shall issue a certificate of occupancy under Subsection (B) notwithstanding the noncompliance of an existing use or occupancy or of a building in which the use or occupancy occurs with applicable technical code requirements or site development regulations. Source: Section 13-1-732(f); Ord. 990225-70; Ord. 031211-11.

Austin City Code § 25-1-366 FEE WAIVER PROGRAM FOR EXISTING RESIDENTIAL STRUCTURES.

§ 25-1-366 - FEE WAIVER PROGRAM FOR EXISTING RESIDENTIAL STRUCTURES. (A) Subject to the requirements of Subsection (B) of this section, the director shall: (1) waive the fee for a variance application to the Board of Adjustment under Section 25-2-473 (Variance Requirements) or a special exception under 25-2-476 (Special Exceptions); and (2) refund permitting and inspection fees if: (a) the building official determines, based on a minimum life-safety inspection, that the structure does not pose a hazard to life, health, or public safety; and (b) the structure: (i) complies with current zoning regulations; or (ii) the structure receives a special exception or variance from the Board of Adjustment or certificate of occupancy or compliance from the building official under Section 25-1-365 (Exemption from Compliance). (B) A fee waiver or refund authorized under Subsection (A) of this section: (1) applies only to existing residential structures and does not cover permits for remodels, except to the extent required by the building official to address minimum life and safety requirements; (2) applies only if the residential use for which a special exception is sought is allowed in an SF-3 or more restrictive zoning district; (3) does not cover fees for re-inspections or for after-hours inspections; and (4) expires on June 6, 2017. (C) The director shall refund fees collected after June 6, 2011 if the requirements for waiver under this section are met. Source: Ord. 20110526-098; Ord. 20110804-008; Ord. 20130822-126; Ord. No. 20160519-057, Pt. 1, 5-30-16.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-1GEREPR_ART9CECOOCFetched: 10/27/2026