If a home builds an extension without a permit and would later like to make it legal what is the process? Will there be penalties? How much does it usually cost? A room extended to backyard 16×14.


Comments

  1. you would have to hire an architect to file the plans as if this was new construction…it will have to be code compliant,and if it is not either brought up to code or demolished and rebuilt (if say there is no proper foundation, and the structure has to be removed to install one)..it will not be cheap..

  2. Step 1 is to figure out when the extension was built. If you can document that it went up before 1938 (when the ‘old’ building code was enacted), then you’re likely grandfathered in. There are 3 ways to do this: First, check for a pre-1938 C of O on your building. It should list the extension if it existed then. You can check this online at the DOB website. Second, you can go to HPD to track down the I-card for the building, which will have plans and a description of the building in the early 30’s. Third, you can also go to the main NYC library, to the map room, and look at the Sanborn map (make sure it’s a map from pre-1938, and not one of the newer versions) that covers your property. If there was an extension, it will be shown on the map. Again, w/ the Sanborn, you should be grandfathered in (though DOB considers an I card stronger evidence, as there’s more information on it).

    If there evidence of the addition existing before 1938, then step 2 is find out if it can be legalized under current zoning and building code….Do you comply w/ lot coverage and FAR requirements, light and air requirements, fire rating requirements, etc.

    If you find that you cannot legalize, then you’re stuck. If DOB doesn’t know about this, hope they never find out. If they do, then the addition’s coming down.

    If you can legalize, you still have a sticky problem. As part of the filing process, your architect/engineer, and the plumber and electrician all sign documents confirming that the work is built to code. So you’ll need to find people who’ll do this w/out really knowing, as everything is closed in or covered up.

  3. An most important first step is to prove that the extension was built prior to current zoning regulations (1965), if that’s the case. If you can find a tax map or an aerial photograph with a date stamp clearly showing the addition, then you’re grandfathered for zoning. As an example, I recently did this with a Staten Island house with a little commercial outbuilding built in the front yard, and an old newspaper image from the 30’s was enough to satisfy the DoB.

    Otherwise, the first step of the process is a zoning review to make sure the extension complies with floor area ratio, light and air requirements, and setbacks.

  4. I don’t know where to begin. Is the extension illegal, do you have a DOB violation? or was it just built years ago without a permit? If it is the former, you will need to find an architect or engineer and file at DOB as if you were building it now. If the latter is the case, I don’t see why you would want to bother. consider it grandfathered. Chances are, if you file, you will need to make substantial changes in order to comply with modern codes. It may even be you will be rejected if the floor area is excessive. Most old alterations in historic neighborhoods have no paperwork associated with it. It is a good idea to ask an engineer to inspect the addition to make sure it is safe and the wiring is safe etc. If it is, and if you do not have a violation I do not receommend that you go to DOB with a new application for old work.