Violation for work done before contract signed?
I’m almost in contract for a pre-war apartment. I asked the seller to change the archaic fuse panel for the lighting to a breaker panel, thinking we’d outline the work agreed upon in the contract, and work would commence after going into contract. In fact, the seller (sponsor sale) went ahead and had the work…
I’m almost in contract for a pre-war apartment. I asked the seller to change the archaic fuse panel for the lighting to a breaker panel, thinking we’d outline the work agreed upon in the contract, and work would commence after going into contract. In fact, the seller (sponsor sale) went ahead and had the work done by their electrician. Now my electrician is saying that since they did not pull permits for the work, if a DOB inspector ever comes to look at any future work I may do, he might notice the breaker panel, and I’d get hit with a violation. Is this the case, even though they did the work before I even signed the contract? How likely is this? How much is the fine? As long as the work is done correctly, would I be on the hook for any more? Would it mean I’d have to go back and actually file for permits after the fact? Thanks!
What Maly said regarding the “you own it”.
Realistically, a future inspector who walks into your premises sometime down the road, won’t bother or have access to all the cumulative DOB records for your home.
The real risk is that something was done in violation of code. The inspector from the electrical section will know in an instant that the work was done without a permit, because no plan would have been approved with that violation.
This reasoning applies to all improvements performed following, or in violation of code. Once you are not caught in the actual commission of the violation, your greatest risk of future prosecution for failure to file the proper alteration would be a condition that any inspector knows in a million years would never have been approved.
This is a separate issue from the grandfathering of alterations performed prior to zoning or other code.
You are unlikely to find a brownstone in brooklyn that doesn’t have some scope of wotk done without a permit. For all the houses you have looked at, go back to the NYC BIS website and check for permits issued. There will be very few.
How much would the fine be?
Your electrician is correct: once it’s yours, you own all the violations as well. You can either get them to pull a permit and make the repair legit prior to closing, or get them to put a certain amount in escrow with your lawyer so you are covered in the event you have to pay a fine.