The House Detective: by Barry Stone, Certified Home Inspector
Dear Barry: You’ve written before about additions that are not permitted, and now we’ve bought a house that has that problem. No one told us about this before we bought the property, and now we’re stuck. Realistically, what can we do? Should we tear down the addition and rebuilt is with a permit? If so, who is liable for the costs, the seller, the agent, or home inspector, or all of the above? Joanna
Dear Joanna: If the quality of the unpermitted construction is reasonably good, an as-built permit is probably the best course. An as-built permit can be obtained from the building department. A municipal inspector will come to your home to evaluate the work. If the additions are approved, you can try to recover the permit costs from the sellers. If the work is not approved, the inspector will provide a list of improvements to be made to obtain approval. Worst case scenario would be that the work is so substandard that the building authority orders demolition of the addition.
Regardless of the outcome, the sellers should have disclosed that the additions were not permitted. However, it is also possible that the additions were built before the sellers owned the property and that they were unaware of the lack of permits. Therefore, it is important to determine when the additions were built. If the sellers were aware of the unpermitted additions, they should be liable for the costs to remedy the situation. Unfortunately, you might have to hire an attorney to enforce that liability.
In most cases, Realtors are not qualified to identify which portions of a building are original and which are added, unless they are given that information by the sellers.
Whether your home inspector is liable for professional negligence depends on whether pertinent defects involving the additions were visible and accessible at the time of the inspection.