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We are currently selling our house and have found out that the previous owners never got a CO for the garage conversion. I guess it wasn't an issue 6 years ago when we bought the house because we had no problem closing. I don't remember anyone even asking about it.
We have tried to obtain the permit on our own and have found it to be a very frustrating process. We need professional help! It is for the town of Smithtown if that makes a difference.
The Town of Smithtown is like most Long Island townships, difficult to deal with. As a Permit Expeditor, I am sure this has been an uphill battle for you.
If the garage was rented as an illegal apartment, that may be a problem. If it was used as a pool house, guest house, etc. you may be able to obtain a Certificate of Compliance or Certificate of Conformance which would legalize the garage conversion.
Usually the steps to legalize such a conversion are:
1. Perform research on the property and find out if there are any violations as a result of the garage conversion. These violations most likely would have to be cleared prior to obtaining a Certificate of Occupancy.
2. Obtaining the proper forms from the Town to complete and include the required documentation (i.e. tax bill)
3. Hiring an architect or engineer to submit drawings of the garage, possibly a new survey, with the applicable forms to Town of Smithtown.
4 Possibly passing an inspection performed by a Building Inspector at the town of Smithtown.
When dealing with any township, always get the name of the person whom you spoke with and their telephone number.
Dealing with the town is an ardous part time job as it requires a lot of follow up telephone calls and visits to the Town Office.
Good luck.
Last edited by Keeper; 06-21-2008 at 06:15 AM..
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We are currently selling our house and have found out that the previous owners never got a CO for the garage conversion. I guess it wasn't an issue 6 years ago when we bought the house because we had no problem closing. I don't remember anyone even asking about it.
We have tried to obtain the permit on our own and have found it to be a very frustrating process. We need professional help! It is for the town of Smithtown if that makes a difference.
Anyone to recommend?
Well it should have been an issue when you bought it. Someone did not do their job.
Thanks for the replies. I did get an expeditor on the job. It was a fairly simple conversion - just to a big den. No extra bedrooms or apartment. Just waiting for the architect to draw up the plans, then we can resubmit.
Just wondering who should have caught this when we bought? My attorney? I don't remember if we asked about it. The house had it's original c/o- just not for the conversion.
Just wondering who should have caught this when we bought? My attorney? I don't remember if we asked about it. The house had it's original c/o- just not for the conversion.
Your attorney, your mortgage company, and the title company all should have questioned it.
Usually conversions of this sort are not mentioned in the Certificate of Occupancy so they are not revealed in the title search. Since they are considered interior alterations, few people know that they should obtain a permit prior to construction in order to legalize the garage conversion. The title search usually is a check to verify that the previous owners have legal ownership of the property and can sell same. The title search company would have to have been directed to actually perform a "C/O" search of the property. This is rarely, if ever, performed. Consider this an expensive lesson for the future.
Purchased a commercial property in Baldwin- upstairs apartment had been split into two seperate rentals. Since it was a private mortgage, I was unaware it was not legalized. Is it possible to legalize them- and what would be required. Can the tenants remain in the apartments while the process is underway? Thank you so much
Depending upon the age of the house (1800's) there may not be a Certificate of Occupancy for the one family dwelling. Check with the building department again in the City of Glen Cove. If not, ask them how this matter can be resolved. I believe, but am not sure, you can have the Building Department create a Certificate. Double check this as I have not had to perform this type of expediting work in the past. I would assume at least 2-3 months.
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CO Expeditor
