By Barry Stone
Dear Barry,
The property we are buying was originally built with a flat roof. It now has a sloped roof, and the seller says this added structure was built without a permit. This makes us uncertain about continuing with the purchase. Is there some way to ensure that the roof is okay? --Tien
Dear Tien,
Additions and building alterations are often performed without building permits, giving rise to disclosure issues and a sense of indecision during many home purchase transactions. First, there are the immediate concerns involving the quality of materials used and standards of workmanship employed. Additionally, there are uncertainties as to future complications with the local building department, not to mention disclosure consequences when the property is eventually resold. Some or all of these are apparently on your mind.
An effective way to resolve these concerns is to obtain an as-built permit for the questionable work. As-built permits are available from most building departments to provide a venue for inspecting, correcting, and approving non-permitted construction. If the municipal inspector discovers defects or building code violations in the completed work, repairs and upgrades will be required prior to official approval. Once the inspector signs off on the permit, the work is just as legal as though a standard building permit had been obtained prior to construction.
However, if the work in question violates zoning requirements, lot line setbacks, or is constructed in a manner that is significantly substandard, removal of the "improvement" may be ordered by the building inspector.
In purchase transactions, where non-permitted additions are at issue, buyers often request that sellers invoke this late permit process. But sellers are not always willing to invoke this procedure, and buyers then have to decide whether to proceed with the transaction.
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