Dear Barry,
The home we are buying has a non-permitted addition (an extra bedroom), as disclosed by the sellers. We're worried that this illegal add-on could cause us problems in the future. There could be complications involving the building department or difficulties with future buyers. The attitude of the sellers seems to be "take it or leave it." Should we insist that they obtain an after-the-fact building permit, or should we take our chances on an as-is purchase? - Greg
Dear Greg,
Problems may or may not occur with non-permitted construction, but the potential for future consequences warrants serious consideration. The worst-case scenario with an unapproved addition is forced demolition, by order of the local building department. Fortunately, outcomes of that magnitude are uncommon and typically only occur if a disgruntled neighbor files a complaint and if the addition is such that approval never would have been granted. A more common requirement of the building department would be corrective work to bring the addition into compliance with building standards. Whether these upgrades would entail moderate or excessive costs is unpredictable and therefore makes an as-is purchase risky.
In most cases, an "after-the-fact" or "as-built" permit can eliminate future concerns. A municipal inspector will determine that the addition complies with applicable requirements, some upgrades will most likely be required, and approval will be granted when the improvements are completed. In any event, asking the seller to obtain an as-built permit is generally a good way to protect yourself, rather than taking possession of a situation whose consequences cannot be safety predicted.
. Questions of a Do It Yourself nature should be submitted our "