Offer on home with patio built without permit - what now?

[Avalon08]

Originally Posted by rugrats2001

We have whole neighborhoods in my city set up with their sump pumps exiting through the concrete curb. It a glory to see in operation after a heavy rain!

I didn't know a da*n thing about sump pumps when I bought the 1960 house, which clearly had had previous basement flooding at some point. All I knew was that the elderly seller had just done this curb arrangement right before he put the house up. I believe he might've had the sump pump draining into the laundry basin. He then asked a neighbor to help him set it up where it drained out to the driveway, which the neighbor said was illegal. So if it drained to the driveway, that's no different than it draining out to the curb -- it all goes to the same storm gutter. So then he got a contractor to drain it to the curb.

All I know is, there was a constant stream of water running down the street and I'm sure the neighbors didn't appreciate it freezing up in front of their driveways. And I wanted to make SURE it had a permit, because I was not gonna get stuck holding the bag if this guy did something illegal.

[Larry Caldwell]

Originally Posted by Avalon08

Dear Lord, how can people give advice on whether permits are needed when they're in a different state???

I definitely would be suspicious of why the father didn't get a permit. Did you ask that question? And yes, what IS your agent saying, and I hope it's not the seller's agent.

I bought a house in PA that had a weird sump-pump drainage arrangement (it drained through a curb out into the street, which I thought was illegal). It was the same arrangement that the guy up the street had, who was a borough councilman. I was afraid that if I tried to sell it and all these council people were no longer in power, I might have a problem, so I asked for a copy of the permit for my files so I'd have proof.

I would definitely make the seller rectify the permit issue and not dump it on you. Either there's something shady about the way it was done or where it was done, OR, the guy was not a licensed contractor. Otherwise, he surely would have gotten a permit.

The International Building Code (IBC) is standard from state to state.

[chet everett]

Originally Posted by Larry Caldwell

The International Building Code (IBC) is standard from state to state.

The OP has a question about a PATIO -- that will involve issues related to setbacks, lot coverage, hardscaping vs green space and other things that are completely outside the IBC...

[MidValleyDad]

This sounds like a case we had in our town.

patio built (no permit) - We believe that was okay at the time
several years (and I believe one homeowner later) Roof installed over patio
a couple years later (same homeowner) patio screened in
a few years later (same homeowner) has a contractor come in and enclose screened in port to make it a family room

This is all in a townhouse and came to the towns attention when a neighbor complained about the window that cranked open over his patio. It got a little ugly when the homeowner had to come before the Board of Appeals for various issues as well as get the permits approved. It took over a year to get resolved.

[NJBoy3]

OP - So what happened?

[TampaKM]

**UPDATE

Good lord, I had no idea this garnered so many responses! All of my notification emails were sent to my spam folder. So before I respond, let me just say thank you to everyone that posted a response for me -- it is greatly appreciated it.

This is what has happened since I last posted...

I had my agent (not the seller's agent, but my own) do some leg work and speak with the city, and include me in calls and communication with the permitting office to find out what it would take and what it would cost for me to bring it up to code since the seller is unwilling to (and, honestly, with a line of people wanting to buy the property, why would he? It's unethical, but what can ya do).

Every person I spoke to said the patio was not really a big deal since it was less than 30" off the ground, but the cover would need to be permitted. The strange part is every one of the people I spoke to with the city said it was incredibly unlikely that anyone would "find out" unless someone called it in because they don't go seeking out homes with work that isn't permitted. They just don't.

The cost to get it permitted is not as costly as I anticipated and would likely be around $1500-2000 for ATF permitting fees and architectural drawings and inspections. Luckily, I'm friends with a civil engineer and architect who has offered his services for providing drawings (necessary for permitting) and making adjustments as necessary to bring it up to code, if it isn't up to code already.

During my inspection of the property, I had a contractor look at the structure to make sure it was sound, and I was given the go ahead as far as stability and construction is concerned. He could not speak to current codes, but I was told there was no issue as far as the patio collapsing and, at minimum, setbacks and lot coverage compliance was upheld.

Additionally, all other work was performed with permits (new roofing, HVAC, upgraded electrical, etc.) and the house is otherwise in pristine condition, which is rare for the area, type and price of the house. This damn patio is really the only thing keeping this from being a near-perfect property.

After deliberating and weighing the outcome of each scenario, I decided I would move forward with the contingency for the seller to escrow funds to take care of the ATF permitting. I want the house, but I ain't gonna let the seller get away without at least contributing heftily to the permitting of the porch

If it turns out I have to tear the porch down and rebuild, it'll be a headache and a little bit of a heartbreak, but I am also prepared for that if need be.

Thanks again everyone for your input, you helped me move forward with fully opened eyes.

[jackmichigan]

Thanks for reporting back. I hope all goes well.

[NY Annie]

Thanks for the update and good luck with the new house!

[emm74]

Glad it's working out ok for you, and good luck with the new house!