Record of Legal Occupancy / Certificate of Occupancy: Boston restaurant guide
Boston ISD (Building Division) with Boston Fire Department
What it is
The City record of what a space can legally be used for. ISD won't issue work permits without a Record of Legal Occupancy, and the Food Service Permit requires a Certificate of Occupancy covering restaurant use.
When a restaurant needs it
Always confirm before signing a lease. You need a new CO for new construction, change of use (for example retail to restaurant), or major renovations affecting use, egress or life-safety systems.
How to apply
If records exist, file a short-form permit online and bring the application and original record to ISD (1010 Mass. Ave., 5th floor, Counter 3). If none exist, file a long-form permit. A new CO is requested through the ISD portal after final inspections, plus life-safety sign-off from BFD (BFDCOO@boston.gov).
Documents you’ll need
- Occupancy record application
- Existing occupancy record (if any)
- Short- or long-form permit number
- Closed-out building permit inspections
- Fire system test documentation
Good to know
If the ISD portal shows 'Please Confirm Occupancy,' the property owner (not the contractor) must call 617-635-5300 and attend an inspector walkthrough before any permit can be issued.
Official source
Boston — Certificate of Occupancy · Boston — how to get a Record of Legal Occupancy
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Last reviewed 2026-10-06. Guidance only, not legal advice.