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Old 04-06-2012, 08:05 AM
 
24 posts, read 81,288 times
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Hi,

I am in process of buying a house in NJ that doesn't have permit in place for patio deck in back-yard, just found out from local municipalties.

I like to know whether seller will be able to get CO (Certificate of Occupancy) despite not having a permit in place.

If for some reason, seller gets permit (I dont know how they could), will seller be required to repair, remove or replace the deck? Will that have any impact on property taxes?

thanks!
Subiri
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Old 04-06-2012, 08:18 AM
 
3,578 posts, read 3,598,509 times
Reputation: 1701
No advise is do not get the man in for any reason.

In the day of big government, they want us (slaves) to get permission from them (masters) for every action we do.
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Old 04-06-2012, 08:20 AM
 
572 posts, read 1,935,000 times
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There is a reason for building codes and enforcement...have you not seen news reports about deck collapses when they are not built to code.

Quote:
Originally Posted by cw30000 View Post
No advise is do not get the man in for any reason.

In the day of big government, they want us (slaves) to get permission from them (masters) for every action we do.
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Old 04-06-2012, 08:24 AM
 
Location: Martinsville, NJ
6,165 posts, read 12,280,953 times
Reputation: 3982
Quote:
Originally Posted by subiri View Post
Hi,

I am in process of buying a house in NJ that doesn't have permit in place for patio deck in back-yard, just found out from local municipalties.

I like to know whether seller will be able to get CO (Certificate of Occupancy) despite not having a permit in place.

If for some reason, seller gets permit (I dont know how they could), will seller be required to repair, remove or replace the deck? Will that have any impact on property taxes?

thanks!
Subiri
Getting a permit for the deck is not a problem at all. It will have to be inspected to be sure it complies with all the current codes, and not the codes that were in place when it was actually built. Get it scheduled quickly, as many towns in NJ have a backlog of work for inspectors, and you don't know how long it light take to get someone there, and possibly there AGAIN, if any work needs to be done to comply with codes.
In most cases, the impact on property taxes is not going to be significant.
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Old 04-06-2012, 08:43 AM
 
1,041 posts, read 2,854,174 times
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How does the deck look? Is it like a deck off a split or bilevel, where if it collapsed, it could hurt someone? Is it 1-2 feet off the ground? Does it look structurally sound?

If you like the house, who cares about the permit. I believe a deck is considered living space and part of the structure as far as tax assessment is concerned. So your taxes will go up once it gets on the books at city hall. Consider it a bonus, you get a deck and arent paying for one.
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Old 04-06-2012, 08:53 AM
 
Location: NJ
17,578 posts, read 43,859,477 times
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Quote:
Originally Posted by TonyStarksNJ View Post
How does the deck look? Is it like a deck off a split or bilevel, where if it collapsed, it could hurt someone? Is it 1-2 feet off the ground? Does it look structurally sound?

If you like the house, who cares about the permit. I believe a deck is considered living space and part of the structure as far as tax assessment is concerned. So your taxes will go up once it gets on the books at city hall. Consider it a bonus, you get a deck and arent paying for one.
They haven't gotten a CO yet so your assumptions seem a bit off.
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Old 04-06-2012, 09:06 AM
 
Location: Martinsville, NJ
6,165 posts, read 12,280,953 times
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Quote:
Originally Posted by TonyStarksNJ View Post
How does the deck look? Is it like a deck off a split or bilevel, where if it collapsed, it could hurt someone? Is it 1-2 feet off the ground? Does it look structurally sound?

If you like the house, who cares about the permit. I believe a deck is considered living space and part of the structure as far as tax assessment is concerned. So your taxes will go up once it gets on the books at city hall. Consider it a bonus, you get a deck and arent paying for one.
How do you see that they are not paying for it? It's part of the structure they are buying for whatever they agree to pay. And while it may impact taxes a small amount, a deck is NOT considered living space, and will NOT increases taxes nearly as much as a finished living space would. Any reasonable buyer will care about the permit. If the buyer doesn't have the seller deal with getting the permit now, then he will have to deal with it at some point in the future, possibly when HE goes to sell. If someone gets hurt on the deck and there is no permit, does the homeowners insurance policy cover all the expenses?
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Old 04-06-2012, 09:27 AM
 
1,041 posts, read 2,854,174 times
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Quote:
Originally Posted by Bill Keegan View Post
How do you see that they are not paying for it? It's part of the structure they are buying for whatever they agree to pay. And while it may impact taxes a small amount, a deck is NOT considered living space, and will NOT increases taxes nearly as much as a finished living space would. Any reasonable buyer will care about the permit. If the buyer doesn't have the seller deal with getting the permit now, then he will have to deal with it at some point in the future, possibly when HE goes to sell. If someone gets hurt on the deck and there is no permit, does the homeowners insurance policy cover all the expenses?
Here we go with the doom and gloom.

I didn't mean finished living space like a basement, i meant part of an structure unlike a patio, which would result in an increased assessment.

If it's something like this, I wouldnt worry about it.



If its something like this, I would



When he goes to sell, he can say the previous owner did it and you have no permit.
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Old 04-06-2012, 09:49 AM
 
Location: Martinsville, NJ
6,165 posts, read 12,280,953 times
Reputation: 3982
Quote:
Originally Posted by TonyStarksNJ View Post
Here we go with the doom and gloom.

I didn't mean finished living space like a basement, i meant part of an structure unlike a patio, which would result in an increased assessment.

If it's something like this, I wouldnt worry about it.



If its something like this, I would



When he goes to sell, he can say the previous owner did it and you have no permit.
It's not doom & gloom, it's reality. Should we not have homeowners insurance either? After all, believing that some unfortunate accident could happen is an unrealistic doom & gloomers position. I'm not suggesting that the deck is going to collapse the day after the sale closes, or that there is anything wrong with it at all. I'm saying that the prudent move would be to have the current seller provide the legally required permit & inspection.

When he goes to sell, he can say leprechauns built it after a rainstorm pointed the end of their rainbow to his backyard. It doesn't matter. If a potential buyer wants to be sure the deck is built correctly and in accordance with the municipal codes, he will demand that it be inspected & permitted. The current buyer can ask the current seller to do it or he can not worry about it, and hope any potential future buyer takes the same attitude. What reason is there to NOT ask the current seller to deal with it? What is the DOWNSIDE of this request?
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Old 04-06-2012, 09:59 AM
 
1,041 posts, read 2,854,174 times
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Quote:
Originally Posted by Bill Keegan View Post
It's not doom & gloom, it's reality. Should we not have homeowners insurance either? After all, believing that some unfortunate accident could happen is an unrealistic doom & gloomers position. I'm not suggesting that the deck is going to collapse the day after the sale closes, or that there is anything wrong with it at all. I'm saying that the prudent move would be to have the current seller provide the legally required permit & inspection.

When he goes to sell, he can say leprechauns built it after a rainstorm pointed the end of their rainbow to his backyard. It doesn't matter. If a potential buyer wants to be sure the deck is built correctly and in accordance with the municipal codes, he will demand that it be inspected & permitted. The current buyer can ask the current seller to do it or he can not worry about it, and hope any potential future buyer takes the same attitude. What reason is there to NOT ask the current seller to deal with it? What is the DOWNSIDE of this request?
There is no downside to ask. But I would not consider it a deal breaker, if i liked the house and it looked like my A picture, thats all I am saying.
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