building 10x12 studio shed in town of oyster bay w/o permit (purchase, closing)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I did a home depot rubber maid shed that was 10x10 on a pressure treated wood foundation not connected to ground.
Code referenced cement, wood, steel sheds on a foundation as requiring a permit and all sheds greater than 10x10 requires a variance as 10x10 is all that is allowed
Shed is actually movable. When empty I can actually move it forward and when I sell house I could actually take it with me if buyer forced me to move.
My neighbors, rusty 10x10 shed on a cement foundation with no permit is more of an issue. Buyer wont want it but who wants to file for permits on such an old thing and who wants to deal with demoing rusty steel and cracking up cement
Interesting. Do you use it as a habitable space or purely for storage? I wanted to use it as an outside office place to check email, etc. but that may not be accepted.
I was thinking of putting the shed on a gravel / wood foundation instead of cement so hopefully, that falls inline with the code as far as support goes but I would prefer a wood structure rather than plastic like the Rubber Maid.
Interesting. Do you use it as a habitable space or purely for storage? I wanted to use it as an outside office place to check email, etc. but that may not be accepted.
I was thinking of putting the shed on a gravel / wood foundation instead of cement so hopefully, that falls inline with the code as far as support goes but I would prefer a wood structure rather than plastic like the Rubber Maid.
Just storage. But what I did is sink four cinderblocks that stick up a few inches than made a slightly larger 10x10 pressure treated woord frame and attached pressure treated plywood on top and set shed on top..
That way shed is a few inches off ground. Oddly building codes do not address plastic movable sheds.
Interesting. Do you use it as a habitable space or purely for storage? I wanted to use it as an outside office place to check email, etc. but that may not be accepted.
I was thinking of putting the shed on a gravel / wood foundation instead of cement so hopefully, that falls inline with the code as far as support goes but I would prefer a wood structure rather than plastic like the Rubber Maid.
Unless your town code specifically notes it, a cement slab should not be a factor in requiring a permit.
According to the town code section you originally posted, you should be fine if you are 100 sq ft or less. In addition to "portable" you also have the "other noncommercial storage buildings 100 square feet or less" clause. Should be no issue placing the shed on a slab.
However, you now seem to be out of the realm of a storage building/shed. If you are creating an office, it would be considered "living space" and not a tool shed. In that case, the square footage and "portable" mentioned in that section no longer apply. More living space = permit = higher taxes.
Unless your town code specifically notes it, a cement slab should not be a factor in requiring a permit.
According to the town code section you originally posted, you should be fine if you are 100 sq ft or less. In addition to "portable" you also have the "other noncommercial storage buildings 100 square feet or less" clause. Should be no issue placing the shed on a slab.
However, you now seem to be out of the realm of a storage building/shed. If you are creating an office, it would be considered "living space" and not a tool shed. In that case, the square footage and "portable" mentioned in that section no longer apply. More living space = permit = higher taxes.
Out of curiosity, is a garage considered "living space" as well?
From a code perspective, if I were to have a 2x6x8' shelf (table) for storage and I were to stand in there to go through my storage on that table, I wonder how that's different than putting a laptop on that shelf? There's no electrical, plumbing, bed so perhaps it's plausible given upon inspection there would be no visual or structural difference than a standard shed.
Out of curiosity, is a garage considered "living space" as well?
From a code perspective, if I were to have a 2x6x8' shelf (table) for storage and I were to stand in there to go through my storage on that table, I wonder how that's different than putting a laptop on that shelf? There's no electrical, plumbing, bed so perhaps it's plausible given upon inspection there would be no visual or structural difference than a standard shed.
No, a garage is not considered living space. When you calculate square footage for a home, the garage is not included because of that. Neither is an unfinished basement - again, not living space.
Put a laptop on a shelf in a garage... no, still not living space. Install electric in a garage - still not living space (I have never seen an attached garage without electric). Heat... now you are getting into living space territory.
Individual town codes may/may not be more specific on living space definitions (or at least space which adds to your property tax).
In general, I have found that an inspector knows real quick if you are trying to pull a fast one. Also, they will go for the strictest interpretation of things. If you have a shed with a desk and computer and pictures on the wall, they will try to nail you. If you have a shed with stud walls and shovels and a snowblower, you should be fine.
I just went through dealing with the town in a similar situation. my issue was a fence. First off the town cannot come inspect your property unless someone makes a complaint to them or you invite them i.e. apply for a permit. If their investigating you they cannot enter or come on your property (besides the front door) w/o a warrant. They take their pictures from the sidewalk or street. even if they investigated you they would have to prove in court that you actually installed the shed and not the previous owner. They would also have to prove the demensions of the shed. a 10 x 12 isn't large enoungh for them to claim is bigger than 10x10, which is the size you are allowed by code w/o a permit w/o actually measuring it.
I know this because after a year of arguing with the town attorney's office I finally got to the jury trial stage of my case and even though I argued with the judge all along it was only right before they were ready to swear in the jury that the judge told the town w/o being able to prove I installed the fence on my property they had no case (read t.o.b. code 93-15)
The town attorney is a jerk, the code enforcement agent I had was a real tool and the court system fought me all the way. but it was worth it. good luck.
This Town and department is TOTAally corrupt, and power happy. I know from the Inside!!!
I am looking to purchase a house with a patio that’s already built in and connected to the house, which I wanted to turn into an additional room. I’m not extending anything, just putting walls around it and and closing it up and turning the inside into wood floors. The patio itself has a permit but wanted to know if they will ask me to tear it down if I didn’t get a permit and finished the work. Or could I get a permit afterwards if they say I’m in violations of some sort
A local government code inspector is not authorized to enter onto any private, commercial or residential property to assure compliance with or to enforce the various technical codes or to conduct any administrative inspections or searches without the consent of the owner or the operator or occupant of such premises
I am looking to purchase a house with a patio that’s already built in and connected to the house, which I wanted to turn into an additional room. I’m not extending anything, just putting walls around it and and closing it up and turning the inside into wood floors. The patio itself has a permit but wanted to know if they will ask me to tear it down if I didn’t get a permit and finished the work. Or could I get a permit afterwards if they say I’m in violations of some sort
I am looking to purchase a house with a patio that’s already built in and connected to the house, which I wanted to turn into an additional room. I’m not extending anything, just putting walls around it and and closing it up and turning the inside into wood floors. The patio itself has a permit but wanted to know if they will ask me to tear it down if I didn’t get a permit and finished the work. Or could I get a permit afterwards if they say I’m in violations of some sort
It would not take much to be cleaver and make your walls 'temporary'
Design the walls to be attached with only 4 stainless steel bolts so if your towns house tax extortion gestapo gives you any problems simply take out 4 bolts and remove the wall then when they crawl back under their rock or move on to the next victim bolt your walls back up again.
Last edited by TenKW; 08-11-2018 at 08:23 PM..
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
corruption
