By Barry Stone
Dear Barry,
We purchased our home about 14 years ago. Since that time, we've made many improvements without building permits. All of the work was done by licensed contractors, but without documentation or inspections. These changes include new exterior pavement, a new sliding glass door, two new windows, one window enlarged, and an added fireplace. We plan to sell the home within the next year and are wondering how the non-permitted work will affect our sale.
--David
Dear David,
Of all the items you mentioned, the one that definitely requires a permit is the fireplace. All other improvements are in gray areas where permit requirements vary from one municipality to another. As a seller, you need to disclose the lack of permits for any work that was done. Buyers may ask that you get permits at this time or that you adjust the sales price of the home. On the other hand, they may simply accept full disclosure without expressing any concern at all.
Regardless of buyer response, the safety and liability implications of a bootlegged fireplace addition should not be causally dismissed. Even fireplaces that were installed by licensed contractors can have significant defects. The wise approach is to be proactive - to apply for an "as-built permit" for all work pertaining to the fireplace. This will enable the building department to inspect the installation and determine whether it is safe and in full compliance with fire safety standards. If violations are found, they can be corrected, and the installation can then be approved and signed off by the municipal inspector.
Most buyers are not likely to be concerned about permits for doors, windows, and pavement. However, you should consult the building department regarding the permit requirements for those kinds of alterations and include that information as part of your disclosure to future buyers.
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