Change of Occupancy Permit (Change of Use / Certificate of Occupancy) in Las Cruces, New Mexico

Las Cruces requires a change of occupancy permit (change of use / certificate of occupancy) for: Required when the use classification of an existing building or tenant space changes (change of occupancy), triggering a change-of-use analysis by Community Development Building and Development Services; Billed at one of two flat fee tiers depending on whether a site inspection is required: $45.00 with no inspection required, or $100.00 with inspection; This fee may be credited to the Building Permit Fee if a full permit application and issuance occur within 90 days of the change-of-occupancy request; A Temporary Certificate of Occupancy (TCO) is available by formal written request when Safety & ADA issues have been satisfied; fee is the greater of $150.00 or 25% of the building permit fee per the Schedule of Fees (the City's Commercial Construction Process guide separately summarizes the TCO fee as 25% of the permit fee); A Same Day Certificate of Occupancy is available for $150.00 if all required inspections are completed and logged by 12 pm; the Certificate of Occupancy will be issued by 5 pm that day; Apply through the City of Las Cruces Citizen Portal (Accela) or in person at the Permitting Counter, 700 N. Main St., Suite 1100. If your project isn't listed, confirm with City of Las Cruces Community Development Department — Building and Development Services (One Stop Shop) at 575-528-3222 before starting work.

$45.00 if no inspection is required, or $100.00 if an inspection is required, for the change-of-use analysis. This fee may be credited to the Building Permit Fee if a full permit application and issuance occur within 90 days. Source: City of Las Cruces 2023 Schedule of Fees.

The City does not publish a specific turnaround time for the change-of-use analysis itself, separate from the Same Day Certificate of Occupancy option. Confirm current processing time directly with Community Development Building and Development Services.

You'll need: Change of Occupancy / Change of Use Request. Depending on your project, Las Cruces may also ask for: Temporary Certificate of Occupancy Request; Signed Contract Between Permittee and Property Owner. See the required-documents checklist on this page for details on each.

Las Cruces requires 2 inspection(s) for a change of occupancy permit (change of use / certificate of occupancy), in order: Change-of-Occupancy Compliance Inspection, Final Inspection (multi-trade). Schedule each through City of Las Cruces Community Development Department — Building and Development Services (One Stop Shop) (575-528-3222).

Apply through City of Las Cruces Community Development Department — Building and Development Services (One Stop Shop) at 700 N. Main St., Suite 1100, P.O. Box 20000, Las Cruces, NM 88001. Phone: 575-528-3222, email: inspectionrequest@lascruces.gov. Office hours: Monday, Tuesday, Thursday, Friday 7:30 AM - 5:00 PM; Wednesday 8:00 AM - 2:00 PM (afternoon closed for admin/training); online access 24 hours. Official information: https://lascruces.gov/property/remodeling-and-construction/.

Las Cruces, New Mexico has adopted: New Mexico is a statewide-minimum-code state under the Construction Industries Licensing Act (NMSA 1978 § 60-13-44(E)): 'All political subdivisions of the state are subject to the provisions of codes adopted and approved under the Construction Industries Licensing Act. Such codes constitute a minimum requirement for the codes of political subdivisions.' A county or municipality may become its own code-enforcement authority (operate independently of the state Construction Industries Division field offices) if it employs a certified building official and has adopted at least the current state minimum code standards (NMSA 1978 § 60-13-41(D)-(F)). The City of Las Cruces operates its own Building and Development Services / Community Development Department with its own building official and inspection staff (rather than routing permits through the state CID field office model used in unincorporated areas), enforcing the state-adopted codes as the applicable minimum within city limits.; 2021 New Mexico Commercial & Residential Building Code (based on the 2021 IBC / 2021 IRC), per NM Construction Industries Division (CID) current adoption; 2021 International Building Code (IBC), as adopted/amended by CID; 2021 International Residential Code (IRC), as adopted/amended by CID; 2021 New Mexico Energy Conservation Code (based on the International Energy Conservation Code, IECC) — addresses the New Mexico climate zone for energy conservation; applies to new and renovated residential and commercial buildings; 2021 New Mexico Plumbing and Mechanical Code, incorporating the 2021 Uniform Mechanical Code (IAPMO) and 2021 Uniform Plumbing Code (IAPMO); 2020 New Mexico Electrical Code / 2020 National Electrical Code (NEC), adopted by reference at 14.10.4 NMAC, effective March 28, 2023 (permits issued only under this rule after September 28, 2023) — this is the current, in-force edition; it supersedes any references to a 2023 NEC edition found on third-party aggregator sites; 2012 Solar Energy Code (IAPMO), as adopted by CID; 2017 ICC/ANSI A117.1 (Accessible and Usable Buildings and Facilities), as adopted by CID; 2012 Uniform Swimming Pool, Spa and Hot Tub Code, as adopted by CID; Las Cruces Land Development Code, Chapter 30 (Buildings and Building Regulations) and Chapter 38 (Zoning) — local building-permit administration, fee schedule, and zoning provisions. Local amendments apply — see the Las Cruces overview page for the full list.

Yes, for $150.00, but only if all required inspections are completed and logged by 12 pm; the Certificate of Occupancy is then issued by 5 pm the same day. Source: City of Las Cruces 2023 Schedule of Fees.