Selling in East Hampton and hoping for a smooth closing? A recent East Hampton rule now requires most sellers to secure an updated Certificate of Occupancy before transfer, and that can catch you off guard. You want a clean, timely sale without last‑minute surprises. This guide gives you a clear, step‑by‑step checklist to handle permits, surveys, clearing limits, and septic items so you can list with confidence. Let’s dive in.
East Hampton now requires an updated Certificate of Occupancy at most ownership changes, with limited exceptions. The rule took effect for transfers on or after January 1, 2024, under Local Law No. 26 of 2023 that amended Town Code §102‑14. You can review the Town Board’s resolution for the updated CO requirement and exceptions in the official notice.
The Building Department has posted guidance and uses an online OpenGov portal for applications. As of November 4, 2024, the fee for an Updated Certificate of Occupancy is $600, though you should confirm the current fee with the department. See the Town’s Building Department page for details and the portal link.
Buyers’ attorneys and lenders commonly require a current or updated CO on the South Fork. If you cannot provide one, your closing can be delayed or blocked, and you may face retroactive compliance work. Local legal commentary explains these contract and timing issues and suggests making responsibility for the updated CO explicit in the contract; see this attorney overview of the new rule.
Follow these steps early so you can list without delays.
Most sales will need one unless a clear exception applies, such as an updated CO issued within six months before transfer or certain estate‑planning transfers. Review the Town’s Local Law No. 26 of 2023 and discuss applicability with your attorney.
Gather your current CO, final inspection signoffs, and a permit history so you know what the Town has on file. Start with the Building Department and the OpenGov portal on the Town’s Building Department page.
A current survey helps verify lot coverage, setbacks, and clearing compliance. Town code requires a staked survey showing the clearing envelope when clearing is involved. Review relevant code language on eCode360 and have a licensed surveyor prepare the survey.
Open or expired permits, uninspected work, illegal accessory units, or unpermitted decks and pools can block an updated CO. Work with the Town on retroactive permits, inspections, or remedies as needed. Start with the Town’s Building Department guidance and see local reporting for context on enforcement and compliance in East Hampton in this news coverage.
If your lot is over‑cleared, the Town may require revegetation or other mitigation before issuing a CO. Your survey should show the clearing envelope. Review Town resources, including the Revegetation Information page, and coordinate with the Building Department.
Septic and onsite wastewater are handled by the Suffolk County Department of Health Services. Ask whether your property needs a property‑transfer inspection, certificate of compliance, or other county clearance. Start early using the county’s Septic Improvement Program portal.
The Town code does not assign this cost to either party. Local practice is to negotiate it in the contract, and many expect the seller to provide the updated CO unless the contract states otherwise. See the legal commentary on allocating responsibility.
Create your account, upload documents, and monitor status online. The Town requires digital submittals. Find links and instructions on the Building Department page. You can also call the Building Department at 631‑324‑4145 for guidance.
A pre‑listing inspection can surface roofing, electrical, plumbing, structural, HVAC, or septic issues that slow escrow. Fixing these items in advance reduces surprises and helps you document the home’s condition for buyers.
There is no one‑size‑fits‑all timeline. If your permits are closed and inspections are current, an updated CO can be straightforward. If you need legalization, surveys, revegetation, or septic work, expect weeks to several months. Local practitioners stress starting the process early and spelling out responsibilities in the contract; see the attorney overview.
As of November 4, 2024, the Updated CO fee is $600, subject to change. Other costs vary based on scope, especially when legalizing unpermitted work or addressing clearing or septic compliance. Confirm fees and submittal requirements with the Building Department and review local context on compliance and mitigation in this news report.
Getting ahead of permits, surveys, clearing, and septic is the fastest way to a stress‑free sale. The Burns Team brings neighborhood‑level experience in East Hampton and handles the details so you can focus on your next chapter. If you are considering a sale this season, let’s map your timeline and checklist together.
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63 Main Street
East Hampton, NY 11937
Burns Team