Permit guides › New York City › TR-37

Alteration-CO (Alt-CO) — amend the Certificate of Occupancy for a change of use: New York City restaurant guide

NYC DOB

What it is

When the space's legal use, egress or occupancy changes (retail → restaurant, or the CO doesn't cover an eating & drinking use), DOB requires an Alteration-CO job (formerly Alt-1) that ends in a new or amended Certificate of Occupancy — not a Letter of Completion.

When a restaurant needs it

The existing CO doesn't list your use, your occupant load or exits change, or DOB answers 'yes' to any Alt-CO qualifying question.

How to apply

Your architect files the job in DOB NOW: Build; the Alt-CO qualifying questions (inconsistent with current CO, change in occupancy or use, major change to exits, change in stories, must meet NB requirements) route it to Alt-CO. A TCO can be issued when the first Alt-CO job signs off; the final CO issues when the last open Alt-CO job closes.

Documents you’ll need

Fee
Alteration filing fee: $280 minimum for the first $3,000 of work plus $10.30 per $1,000 above (buildings under 7 stories / 100,000 sq ft); $17.75 per $1,000 in larger buildings (NYC Admin Code §28-112.2)
Processing time
Slower than a plain Alteration — plan for months of review plus the CO inspection
Renewal
None
Who files
Filed by a Registered Architect or Professional Engineer.

Good to know

Taking over a space that was already a permitted restaurant with a matching CO usually avoids this entirely — the single biggest schedule difference between a takeover and a conversion.

Official source

DOB — Certificate of Occupancy (change of use) · DOB — Job types in DOB NOW (Alt-CO criteria)

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