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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

Fee
Certificate of Occupancy: $50 filing fee plus 1% of total construction cost
Processing time
Several weeks or longer; about 10 days after passing inspections with complete paperwork
Renewal
No renewal (a new CO is needed if use or safety systems change)
Who files
The licensed general contractor usually manages the CO process (inspections, ISD submission, BFD testing); the property owner must personally request any Confirmation of Occupancy walkthrough.

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

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Last reviewed 2026-10-06. Guidance only, not legal advice.