Do I REALLY need permits to rebuild addition?
Ok, so here goes… My Family owns a brownstone that was bought by my grandfather in 1965.My parents bought said house form him when they got married and started their own life in it .A few years after I was born,and thus began my journey of fixing my childhood home . the Previous owners had allowed it to turn into a dump over time .So,for years ive been fixing it by myself and with the help of friends starting with the two top floors I rent to payoff the beast of a mortgage i have left on it.For many of these years my father had a basement full of fighting roosters.The ASPCA used to come my father would pay them off and bam that was taken care of….in all my years i never saw an a housing inspector but my mother informed me that when they did come (2 times in a total)they were payed of as well and that was that…..I myself have no fighting cox(pause)…but I’ve finally come around to taking care of my own floor and I want to rebuild an addition ion the ground floor.This addition has a pitch roof that has leaked as far back as I can remember ,is drafty and noone lives in it anylonger because I dont want the roof caving in on a rainy night over someones head…So yeah ,I got drunk with my friends over the summer and we tore the whole thing down.Oops!.Anyway I plan on rebuilding the whole addition but i want to add another 5 feet to the addition so it will be and even 20 X 20 room (it was priorly 15feet in depth).now for my question.I have many friends who give me mixed reaction as to what I want to do…some say I need to get the permits …others say I live in brooklyn so who cares as long as I’m cool with my neighbors…no one will snitch.I must say things being the way they have been and what i’ve seen over the years …or better said what i HAVENT seen (inspectors or consequences )I’m starting to think I should just do whatever I want as long as its built right and my neighbors are ok with it…..also if it does ghet discovered as a violation …..cant i just pay for the prmits and the fine AFTERWARD?……from looking at the plans the addition was added in 1941.
brownstoned
in Building Code 13 years and 4 months ago
4
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4 replies
jockdeboeraia | 13 years and 4 months ago
You will be looking at hugh fines when you get caught. If this is more than a 2 family then you are looking a commerical fines, stop work order, etc. It is much cheaper to do it right from the beginning. After the fact, trying to deal with illegal construction gets very expensive. If you over build, it will need to be reduced. If it is built incorrectly, it will have to be corrected. If concrete is poured, than it will need to be investigated to prove it was reinforced properly and that it is of the correct design. On an on. Good luck.
dazednconfused2 | 13 years and 4 months ago
b’stoned – There may still be some inspectors willing to take some money to look the other way, but I wouldn’t count on it. The DOB has been routing out corrupt officials like termites. Further, if you do somehow manage to get an inspector’s approval, there is no statute of limitations. You will be liable for violations for work without a permit as long as you own the house. And then when you sell, the buyer will be. Even if you are just re-building what was once there, you still have to apply for a building permit just to put it back. As to the original construction, just because you have plans showing the thing built in 1941, does not mean that the DOB ever approved the extension. If they did, then great, but if the DOB has no records of an actual application, then as far as they’re concerned, it was built illegally to begin with. Your only way to prove otherwise will be to get a copy of the Sanborn Tax Map from right after it was built and see if the extension is shown there. If it is, then you’ve got proof. If not, then you need to legalize it according to the current code. Have you checked the DOB website to see if the original extension was ever filed? As to the extra few feet, check the distance from the rear property line to the back of the neighbor’s extension. They may have stopped where they did because of the need to maintain the 30 foot rear yard. There are a few people on this forum that will suggest you never file a deck. There may even be a few that say go ahead and build the extension and see what happens. Heck, you might even find an architect who will draw the thing up for you and not require that you file it. That’s all well and good, but they don’t have to pay when you get caught. I can guarantee you, you will never find an architect who will suggest that you do not file this extension.
jockdeboeraia | 13 years and 4 months ago
Yes, you need plans. Certain parts will need to be non combustible and will need to comply with the energy code as well. God help you if they get wind that the room was removed already. Then you get to deal with the BEST Squad. That is alot of fun.
dazednconfused2 | 13 years and 4 months ago
Yes, you need a permit. You’re kidding yourself if you think you can build a 20 x 20 extension without someone noticing. Sure, you can go ahead and try to get it done without someone noticing, but if someone does, you could be hit with thousands of dollars in fines, possibly tens of thousands if a three family or more, stop work orders, and depending upon what was actually built, you may have to tear down and re-build it. If the addition was originally done in 1941, there should have been a DOB permit for it then. If not, the fact that it was built already is meaningless. If yes there was a permit, then it’s possible you might be able to re-build what was there very easily, but enlarging it might me a problem. Keep in mind that there are limits to the amount of floor area as well as a minimum rear yard of 30 feet from the back of the house to the rear property line. Also, know that you can’t build it out of wood, and that you need a foundation depth of at least 4 feet below ground. If your extension is adjacent to built property, will that foundation be deeper than theirs? If so, then you need underpinning or you’ll cause damage to your neighbor. Consider also whether you are creating an interior room within the floor to which you are adding the extension. This is illegal. There a whole host of other zoning, building code and legal issues to consider. It’s one thing to go off and build a deck without getting a permit, even that’s getting risky these days, but to build an actual extension, you’re just begging for trouble. All it takes is one neighbor, or even just a passerby, to call 311 once and you’re caught.