Stay of Enforcement for Updated Certificates of Occupancy FAQ • East Hampton Town, NY
In October 2023 the Town Board amended Town Code Chapter 102-14 Certificates of Occupancy. The code now reads: “No building or structure hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. Upon any change in ownership of a property, an updated certificate of occupancy shall be obtained, except where an updated certificate of occupancy has been obtained no more than six months prior to the date of transfer or where the transfer is made solely for estate planning purposes where the ownership of the property is transferred to a trust, LLC or similar entity and the beneficial ownership of the property remains unchanged.”
On Tuesday March 10, 2026 the Town Board passed Resolution 2026-xxx: “Resolution to Stay Enforcement of Local Law No. 26 of 2023 Amending Town Code Chapter 102-14 Certificates of Occupancy”.
- What exactly is being stayed/paused?
The enforcement of the law requiring an updated Certificate of Occupancy is being paused through the remainder of the year. Meaning, the Building Department will continue to process such applications, however, those who are unable to obtain an updated Certificate of Occupancy will not be charged with a violation during the pause.
- How long will the stay/pause be in effect?
The stay/pause is retroactive to January 1, 2024, the date when the new code went into effect. The stay/pause will run to December 31, 2026.
- Why has the Town instituted a stay/pause?
Over the past several months, the Town has received considerable community feedback about delays in processing updated Certificates of Occupancy. The Town Board instituted this pause to give the Building Department time to work through the current backlog of applications.
Many applications require additional review because improvements were made without a building permit. This has been the case in roughly six out of ten applications, which increases the time needed to legalize those improvements and issue an updated Certificate of Occupancy.
The pause will also allow time to hire and train additional staff and reduce the high volume of calls and inquiries the Building Department receives each day.
- Once the stay/pause expires, will I still need to get an updated Certificate of Occupancy?
Yes. Residents should continue to apply for such updated Certificates of Occupancy during the pause.
- I’m selling my home. Does this mean that I will still need to get an updated Certificate of Occupancy?
Yes. Sellers should continue to apply for an updated Certificate of Occupancy.
- I’m purchasing a home and my attorney still wants me to get an updated Certificate of Occupancy. Is the Building Department still issuing updated Certificates of Occupancy?
Yes. The Building Department will still accept applications for updated Certificates of Occupancy and process them as normal.
- I have already submitted the paperwork for an updated Certificate of Occupancy. Will the Building Department continue to process my application?
Yes. The Building Department will continue reviewing applications during the stay. You should not withdraw your application.
- I did not obtain an updated Certificate of Occupancy when I purchased my home. Will I be issued a violation?
No. While the stay of enforcement is in effect, if you closed on the purchase of a property without an updated Certificate of Occupancy, the Town will not issue you a violation for not updating the Certificate of Occupancy. However, it is still possible to get a citation for other violations on your property.
- Will Certificates of Occupancy still be required?
Yes. Certificates of Occupancy are still required for all improvements that require the issuance of a building permit.
- Can I use and/or occupy a structure that does not have a Certificate of Occupancy?
No. In order to legally use a structure or improvement it must have a Certificate of Occupancy.
- If I have open Building Permits, do I need to close them out?
Yes. All open Building Permits will need to be closed out. Not closing out open permits can result in renewal fees or possible issuance of a violation.
- What other actions has the Town taken to address the backlog in the Building Department?
The Building Department has been under the leadership of Principal Building Inspector Richard Normoyle, Jr. for nearly six months. Mr. Normoyle brings more than 30 years of experience in municipal code enforcement and construction inspection, including service as a Plans Examiner for the Town of Babylon and leadership roles in special inspection and engineering oversight.
Under his leadership, the Town has taken several steps to reduce the backlog and improve the permitting process, including launching OpenGov 2.0 system. This update helps the Town better distinguish between different types of projects. Previously, all applications were placed in the same category, meaning smaller and simpler projects could end up waiting behind larger, more complex applications that require significantly more time to review. The update allows applications to be identified by project type so they can move through the review process more efficiently.
The Town has also expanded staffing in the Building Department and is in the process of adding several new positions, including two Plans Examiners, a Senior Office Assistant, and an Office Assistant.
To support training and strengthen internal operations, the Town brought back veteran building official Rich Vacchio, who has more than 30 years of municipal experience.
In addition, the Town has retained outside firms to assist with plans review. CHA Solutions was recently hired to help process applications, joining H2M Architects & Engineers and Spaces Architects, which are already supporting the department’s review process.
