Buying a house where work was done without permits and we want to do our own renovations

Hi everyone, I’ve been reading this site for a while now as we’re thinking of buying a two family house, and I’m posting for the first time to see if I can get clarity on some issues. My husband and I made an offer on a house that, as far as I can tell, was renovated several years ago (maybe even up to 10 years ago) without permits (I see nothing but one complaint on the DOB BIS site).  We would definitely want to finish the basement (cellar, I think) if we bought the house, including putting whatever kind of bathroom is allowed. How much of a problem is this going to be?  Is there any way to tell what prior renovations needed permits?  Assuming the electrical was updated (which we’ve been told it was), it seems like that would have needed a permit.  I think walls may have been changed–but how could I tell for sure?  On the other hand, how would the DOB be able to tell if they ever suspected work had been done without a permit? Also, we’ve been assuming that we would go the permit route when finishing the basement (right now the stairs to the basement don’t lead into the owner’s unit, you have to go through common space).  But it seems like that would be a risk with the possibly unpermitted previous work hanging over our heads, right?  So, if we buy this house (or any other house like it, for that matter), would the best thing to do be to just do a reno of the basement that doesn’t require permits, live with the weird stairway placement, and call it a day?  Or is there a way to do a permitted reno now that doesn’t risk an untold number of violations for the previous work? Thanks for any advice!

WTGirl

in Dept. of Buildings (DOB) 12 years ago

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dazednconfused2 | 12 years ago

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In our experience, the fees for work being done without a permit are waived if there is no actual violation (where the work was reported to the ECB or DOB and fines were levied), the person filing is a new homeowner, and the owner is voluntarily admitting the work was donewithout a permit prior to current ownership.

jockdeboeraia | 12 years ago

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I would show what is there as existing.  DOB will most likley ask for you to show that the work was legally permitted.  If there are is a CofO, or it appears that the layout does not “look” original, or there aredrawings  on file at DOB that show otherwise then you will pay a fee to legailze it.  It will all come up in the review and have to be dealt with.

friend_or_foe | 12 years ago

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If the work was never permitted and no complaints show up on the BIS you should be okay.  Have your attorney run a thorough search on title to make sure there are no mechanic’s liens on the property.  My advice to you is that if you’re serious about a renovation take an architect and a contractor through the property to gauge what you’re potentially looking at in terms of cost.  If that doesn’t scare you then engage a DOB expeditor to walk you through the process of getting plans approved, permits pulled, and work signed off.   If the seller is assuring you truth in terms of the work being done to code, assume he/she is BS’ing you just so you buy the place.  And assume that you would redo the electrical yourself.  Why would the seller ever tell you it wasn’t updated to code especially if you know it was done w/out a permit.     Caveat emptor my friend.