Now, most of you might be asking yourself, what is a certificate of occupancy? However, for existing homes to be resold, the State does not mandate that a seller obtain a Certificate of Occupancy or Certificate of Continuing Occupancy. I spoke to the lender my client was using and asked if a certificate of occupancy was necessary to close the deal. Regardless, a few days prior to closing, I get a call from the attorney saying that we need a certificate of occupancy from the municipality even if we do not need it for the lender. So, I spoke with a building department about what would be required for the Certificate of Occupancy.