If you are opening a business in a space that was used for something else, the space usually has to be approved for the new use before you can open. This page explains the general process in New Jersey, based on the state Uniform Construction Code and the Jersey City and Hoboken offices. Every property is different and the rules change, so confirm the details with the town's zoning and construction offices and your design professional. We cannot promise any approval or timeline.
What "change of use" means
Under the New Jersey Uniform Construction Code (UCC), N.J.A.C. 5:23, a building may keep its existing legal use, but it is unlawful to change the use of a structure or part of one without first applying for and getting a Certificate of Occupancy for the new use (N.J.A.C. 5:23-2.6). A change of use also requires a construction permit (N.J.A.C. 5:23-2.14). Going from retail to a restaurant, office to child care, or storage to a gym are typical examples, because the new use falls in a different use group with different safety requirements. Existing buildings undergoing a change of use are reviewed under the state Rehabilitation Subcode, N.J.A.C. 5:23-6.
Step 1: zoning comes first
Zoning decides whether your business is allowed at that address at all. The UCC requires prior approvals, including zoning, before a construction permit is issued (N.J.A.C. 5:23-2.15).
- Jersey City: the Division of Zoning describes a Zoning Review Application, filed through the city's online permitting portal, as the first step for a tenant fit-out or other permitted work. Its tenant fit-out checklist asks for plans signed and sealed by a New Jersey architect.
- Hoboken: the Zoning Office says it is the first stop for permits and that a business needs a certification of use before opening; its Guide to Opening a Business lays out the sequence.
When a use variance or site plan review may apply
If the new use is not permitted in that zoning district, the town's zoning board of adjustment may need to grant a use variance under the state Municipal Land Use Law before the project can go forward. Some projects also need site plan review by the planning or zoning board, for example when the work changes the exterior, parking or site. Your zoning office and design professional (and, if needed, a land use attorney) can tell you whether either applies. This is a big reason to check zoning before you sign a lease.
Step 2: construction permits
Once zoning signs off, the construction permit application goes to the town's construction office with plans for each trade involved: building, fire protection, plumbing, electrical and mechanical. For most commercial work, the plans must be signed and sealed by a New Jersey architect or engineer. In Jersey City, the construction code office takes the permit application and trade tech cards through the same online portal.
Code upgrades a change of use often triggers
The new use is held to the requirements for that use, so a change of use can trigger work that the old tenant never needed. Common items include:
- Fire separation between the new use and other tenants or apartments.
- Sprinklers and fire alarms where the new use group or occupant load calls for them.
- Egress: number and width of exits, exit signs and emergency lighting for the new occupant load.
- Accessibility (ADA and the barrier-free provisions of the code): accessible entrance, route and restrooms.
- Plumbing fixture counts: the number of toilets and sinks is based on the use and occupant load.
- Ventilation: outdoor air and exhaust for the new use, such as a commercial kitchen hood.
Which of these apply, and how much work they mean, depends on the building and the plans. That is decided by your design professional and the code officials, not by us.
Inspections
As the work goes in, each trade gets rough and final inspections. Nothing should be closed up before it passes. Depending on the business, the health department, fire official or a state licensing agency may also need to approve the space.
Certificate of Occupancy (CO) vs. Certificate of Continued Occupancy (CCO)
A Certificate of Occupancy (CO) is issued after final inspections and shows the approved use and occupant load. Jersey City's inspections and certificates page says a change of use needs an approved zoning application, a permit application and a full set of plans before the CO is issued, and that a new CO is not required if the use stays the same and no major renovation is done.
A Certificate of Continued Occupancy (CCO) confirms an existing legal use can continue (N.J.A.C. 5:23-2.6(a)). Many NJ towns use it when a tenant or operator changes but the use and space stay the same. In Hoboken, Chapter 83 of the city code requires a CO for each nonresidential tenancy when the space is built out or altered with a building or subcode permit, and a CCO when no permits are needed or the owner or operator of an ongoing business changes. Hoboken's guide notes that no new business may open until it has a CO or CCO.
How Hoboken GC LLC helps
- Pre-lease site assessment: before you sign, we walk the space with you and point out what is likely to come up, such as restroom count, exits, alarms, ventilation and existing plumbing and electric, so you can ask the right questions of the landlord, the town and your design professional.
- Coordinating with licensed design professionals: the sealed plans come from the licensed architect or engineer the project requires. We work with them so the plans reflect real site conditions.
- Putting permit applications together: we help assemble the construction permit application and trade paperwork for the owner and design professional to submit.
- The build-out and inspections: one crew for framing, plumbing, electric, HVAC and finishes, built to the approved plans, with every inspection scheduled and attended.
See it in practice: our Jersey City kids' play space case study walks through the zoning-first sequence on a real job. For more on permits, read Do I Need a Permit for My Renovation in New Jersey? We also build restaurants and daycares and schools.
Sources
- N.J.A.C. 5:23-2, Uniform Construction Code: Administration and enforcement (NJ DCA)
- NJ DCA Division of Codes and Standards: codes and regulations
- Jersey City Division of Zoning
- Jersey City Construction Code: Inspections & Certificates
- City of Hoboken: Guide to Opening a Business
- City of Hoboken Zoning Office
- Hoboken City Code, Chapter 83: Certificates of Occupancy; Certificates of Continued Occupancy
Frequently asked questions
Do I need a new Certificate of Occupancy for my business?
Usually, if you are changing the use of the space or doing work that needs permits. If the use stays the same and no permits are needed, many towns, including Hoboken, issue a Certificate of Continued Occupancy instead. Check with the town's zoning and construction offices.
What is the difference between a CO and a CCO?
A Certificate of Occupancy is issued after permitted work and final inspections and shows the approved use. A Certificate of Continued Occupancy confirms an existing legal use can continue, and is often used when a tenant or operator changes without construction.
Should I check zoning before I sign a lease?
Yes. Zoning decides whether your use is allowed at the address. If it is not, a use variance may be needed, which is a separate board process with no guaranteed outcome.
Can you guarantee my approvals or say how long it will take?
No. Approvals are up to the zoning board, construction office and other agencies, and timing depends on the town and the project. We build to the approved plans and keep the inspections moving.
Do you draw the plans?
No. The sealed plans come from the licensed architect or engineer the project requires. We coordinate with them, help put the permit applications together, and do the build-out.
Back to our commercial contractor page. Hoboken GC LLC is licensed (NJ HIC #13VH13409900) and insured. The walkthrough and written estimate are free: call (201) 815-4260.