Parlor level to yard. If one has one constructed does this need permits? If one does so without permit what are the ramifications if “caught?”


Comments

  1. I got caught with an illegal deck last year (jealous neighbors reported me) it cost me almost $10,000 to get it all straightened out after all the fees, fines, architect and expeditor fees. NOT worth it, do it right the first time!!

  2. my neighbor put in a deck with no permit. the contractor was doing a lousy job so she fired him and hired another to finish the job. guess what happened? the fired contractor called 311 and now she has a violation for work without a permit……
    get the permit & sleep in peace.

  3. You need a permit and if you get caught then get slapped with a 5 grand violation min. penalty in addition to an ECB violation for work without a permit and a stop order as well of which a violation is another 5 grand.

    Exceptions: 1 and 2 family homes are only 500.00 minimum penalty.

    Deck regulations are limited in a required yard or ina required open space to 8 ft. extending from the building line. otherwise it will need to be included in the lot coverage calculations of the building.

  4. We plan on building a deck off of our parlor floor but will take permits out to do the work. That being said, we would obviously have to allow for inspection on the deck. As wasder points out, you own the history of the home so my question is, can’t you refuse entry to the rest of your home to the inspector and only allow them access to the back yard through the garden apartment? The deck we plan on building will be off of the parlor floor with stairs down to a shared garden.

    Thanks for your input.

  5. wasder – actually, I agree. We got away with a lot of stuff (as did our neighbors) back in the days when property prices were somewhat reasonable. But as soon as they started reaching stratospheric levels, wow, everyone was up in everyone’s business. Case in point friends whose house came with existing but illegal deck who were turned in by folks who paid 3x what our friends did for adjacent property. One little kerfuffle over errant branches and *poof* DBO was there with a very hefty fine and orders to remove the offending structure. And it is also true that DOB doesn’t give a snit who did the work or when if it’s not up to code. I am somewhat surprised that title insurance companies let this stuff go. File the permits. It’s not 1998 anymore.

  6. I bought my house in ’01 ‘as is’. With a couple of violations for “unpainted hallway” eg. I have gotten financing three times now. I suspect much of the previous flipper’s work was not done with permit. As I intend to stay a while, what is my downside? When I sell, I intend to say ‘as-is’ also.

    In SF the brokers use the charming phrase “unwarranted” to indicate reno done w/o permit.

  7. “If a deck is not obviously new, how could it be proven you did it and not the previous owner?”

    Another thing I learned the hard way. DOB holds you responsible for things that happened over the life of the building. You own it and you own the whole history. I got fined for things that were done around WW2.

  8. As someone who built a deck without a permit and got turned in by my neighbors, I can tell you it is imperative to get the permit. The building to code thing (as snarkoleptic mentions above) is ok if you get away with initial construction cause then anyone who looks at it figures you permitted it. But its during construction that you usually get busted and the deck is so visible. Then they come into your house and nitpick all the crap that was done 75 years ago (at least that is what happened to me) before your parents were born.

  9. If a deck is not obviously new, how could it be proven you did it and not the previous owner? And how far back does the responsibility go for DOB to stop work?