The House Detective: by Barry Stone, Certified Home Inspector
Dear Barry: In past articles you’ve mentioned “as-built permits” for additions and alterations that were done without building permits. I have a property that was totally renovated — new electrical, plumbing, heating, and roof — all done without permits. I’m going to list the property for sale and want to know if an as-built permit is a good idea before I sell. Could you explain how this works? Lou
Dear Lou: When you sell a home with non-permitted alterations, you have two choices: You can sell it “as is”, but with full disclosure of non-permitted work, or you can get an as-built permit and, hopefully, make everything legal. But before you apply for an as-built permit, you should be aware of the pros and cons.
Most building departments offer as-built permits as a way to bring maverick additions and alterations into legal conformity. On its face, the concept is quite simple: You submit a set of plans to the building official with an application for a building permit. With a normal building permit, you obtain permission to perform work. With an as-built permit, you seek approval for work that was already completed, to be sure that it complies with the building code. If the proposed plans conform with municipal standards, they are accepted, and a building inspection is scheduled. If the scope of work is not acceptable, the permit is denied, and the building official may order restoration of the building to its original state.
Examples of unacceptable changes would be additions that are too close to property lines, a garage conversion where enclosed parking is required, or a second living unit where single-family occupancy is the limit.
If the plans are approved, the next hurtle is the building inspection. In the best of cases, the building inspector performs a visual, walk-through inspection of the project area. If no building violations are found, the work is officially approved, and the completed work is given the same status as construction that was permitted in advance. In most cases, some code violations are cited, and a correction notice is given to the property owner. When faulty conditions are corrected, the property is reinspected, and final approval is given. But “cakewalk” approval of this kind is not always the case.
If the building inspector finds significant defects that warrant further evaluation, or if the inspector is overly committed to hardcore scrutiny, or if the inspector just happens to be having a bad-hair-day, you could incur demands that would make your head and pocketbook spin. For example, the inspector might order partial or total removal of drywall and other finish materials so that wiring, plumbing, and framing components can be inspected. Excavation of foundations or of buried utility lines might be ordered so that code compliance can be verified. If concealed deficiencies are found, the inspector could demand numerous upgrades and improvements or demolition of all completed work.
To prepare for this process, you should hire a qualified home inspector to perform a preliminary inspection. This will alert you to defects likely to be cited by the municipal inspector. With that information, you can make an educated choice between an as-built permit or disclosure of defects and of non-permitted work.