Expert: liznarr - 7/25/2008

Question
We are looking at a home that is 1600 sq feet on first floor. The second floor was a attic. He the owner has converted up stairs to 1100 sq feet. The up stairs was not permitted. What problem will we have form not being? Should we ask seller to permit? If we ask him to permit what would that involve? Thank you, Jennifer

Answer
Hi Jennifer,

I would call the local County Inspection Department office for the area where this property is located and ask them your question.  Based on the answer you receive, you need to address their answer in any written offer you make to this Seller.  If you were to purchase this property and not deal with this issue now and decide to sell later, you could have the same problem with a buyer.

I don’t know if a County will permit “after” the fact, but they might fine this homeowner.  Regardless of what happens between the County and this homeowner, you need to protect yourself.  

One reason for obtaining permits is to ensure that any electrical, plumbing and other work is done to Code; another reason is to increase the assessed value for tax purposes after any major improvements are made.

Regardless of what the County does and/or requires of the homeowner at this point in time, if you decide to purchase, please make sure that you have a competent, qualified home inspection performed on the entire property.  Make sure, also, if there are defects revealed in the home inspection which the Seller refuses to correct, that you have the option to void the Contract of Sale and get all your earnest money refunded immediately.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth