Buying house w/unpermitted work?
We are thinking of buying a house that had some unpermitted work done in the ’80’s that, as we understand, should have been permitted. We are not sure the extent of the work. It is either: a) an entire room was added to the back of the house b) an existing enclosed porch (that already…
We are thinking of buying a house that had some unpermitted work done in the ’80’s that, as we understand, should have been permitted. We are not sure the extent of the work. It is either:
a) an entire room was added to the back of the house
b) an existing enclosed porch (that already had electricity) was expanded and heat was added; or
c) heat was added to an existing enclosed porch.
Sellers have been unclear about the extent of the work – they are selling their parents’ house and were kids when work was done. Also a bathroom was added in the basement. We do know that all this work was unpermitted. I have checked DOB and HPD websites – there is no C of O (house was built in 1910), no open permits, and no iCard.
Our lawyer, and the engineer who did the inspection, are urging caution, but don’t think closing will be a problem. Here are my questions:
1) How can we find out what was there before the work was done, if sellers do not have the plans? Would the City have any record?
2) what risks do we face if we buy this place? If we want to do work that needs permitting down the line, is DOB likely to question it? Require us to get permits for everything that should have been permitted before?
3) How do we find out whether we can get it legalized?
Any insights welcome!
PS I realize there was a similar question not too long ago, the (possibly critical??) difference here is that there are no outstanding/open permits in the DOB records. Thanks!
Is there some outstanding violation on city records?
If not, I don’t see any problem. City is not getting involved – it is only if your mortgage company made an issue which is unlikely.
Try to find a house that hasn’t had work done without ‘permits’.
For unpermitted work done within the original footprint, this is no big deal. If the work was not done to proper code that’s an issue for negotiation.
But, as it seems here, the footprint of the building has changed, that’s entirely a different issue.
You will run into a problem if you try and get permitted work done in the future and it needs to be inspected.
You need to have the block and lot folder pulled at the DOB an go to HPD to confirm there is no i-card. You may not be able to find further documentation in either location. The information from those two sources are the only things the DOB will rely on to proove existing conditions. The biggest danger is trying to do work down the road, if something is non compliant, you cant have it on the proposed work filing plans – a conundrum. These situations come up all the time, its possible but unlikely the DOB would come after you for something that wasnt compliant, most rear yard additions were done without approvals. But again, if your planning on doing work ever it is going to be an issue. As for legalizing, that assumes its legal, which someone would have to look at it to confirm. The issue with enclosing a porch is one, your making more habitable space (which you may not have the FAR for) and two your killing the light and air that the windows on the facade most likely provide. So its a tricky thing to do permit or not (that was for pstreet)
Finally, sanborn maps might help, but the DOB doesnt care about what they show.
– Josh
Can you enclose a rear porch without a permit?
have the title search run asap…if the lot drawings differ from the actual buildout you will end up having to tear out the work and permit it, etc…when i closed on my house the wooden added porch in back showed up as six inches off..had to put 3 grand in escrow at closing as a contingency for correcting the violation