violation of work without a permit in nyc (Hope: sale, attorneys)
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I got the " violation of work without a permit" in regard of the bathroom in basement and second floor . These are already there when I bought my house 4 years ago. On the notice from dept of building, the remedy is to obtain a permit. My question is how to obtain a permit at this point since it is already there. the normal step i see on the application of permit is to apply, get approved, then start the work. Do I have to hire a licensed architect ? or I can just apply it on my own ? Any advise would be greatly appreciated
a plan has to be submitted before the permit can be pulled. Maybe the cheapest way is to talk to a lic. Plumber. He probably as an engineer or architect on call that call do a quickie. Plumber will probably find some extra things to charge for. Hopefully it was built close to code.
You have to file a job with the Department of Buildings (DOB) to legalize the violating conditions. That means you have to hire an architect to draft plans and submit signed/sealed drawings and forms to the DOB for their approval. Once the job has been approved, a contractor can pull a work permit for the job. Even if there is no work to be done, a contractor must pull a permit. Once you've pulled the permit, you can submit for a Certificate of Correction from the DOB to resolve the violation in their system.
Be prepared to pay a $5,000 civil penalty for the violation when your contractor goes to pull the work permit. There is no way around this unless you were given the violation erroneously.
So, your first step is to contact an architect and have them conduct an analysis to see if you can even legalize the violating conditions.
Be prepared to pay a $5,000 civil penalty for the violation when your contractor goes to pull the work permit. There is no way around this unless you were given the violation erroneously.
This is totally false. As you can read this OP is talking about a 1 family house. AS of 2007 the new fines are as follows and you can seek reductions and they are granted.
Quote:
For one and two family houses: the civil penalty for a Work Without a Permit violation increased to four times the amount of the permit filing fee, with the minimum being $500.
�� For all other work performed without a permit: the civil penalty is increased to fourteen times the amount of the permit filing fee, with the minimum being $5,000.
Also you can request a waiver and/or reduction of any penalty based on the amount of work that was done without a permit. Too complicated to go in to here.http://www.nyc.gov/html/dob/downloads/pdf/l2.pdf
This is totally false. As you can read this OP is talking about a 1 family house. AS of 2007 the new fines are as follows and you can seek reductions and they are granted. http://www.nyc.gov/html/dob/download..._factsheet.pdf
Also you can request a waiver and/or reduction of any penalty based on the amount of work that was done without a permit. Too complicated to go in to here.http://www.nyc.gov/html/dob/downloads/pdf/l2.pdf
Where does he state that this is for a one-family house?
Where does he state that this is for a one-family house?
"...I bought my house 4 years ago...."
Not a direct statement, but the implication is clear. He is not speaking of a 60 unit building.
Quote:
Originally Posted by mc33433
I'm wondering how the DOB found out about OP's bathroom?
Neighbor likely complained, as a result of all the noise and disturbance.
Permits are required to be publicly posted on the property. Since the OP didn't have any, they weren't posted. Once he started demolition, the circumstance was more than obvious to the whole block!
I'll bet a neighbor complained about the noise, or debris, or the dumpster blocking a driveway or taking parking spaces, or any given number of nuisciences and/or disturbances created by any renovation work.
As someone implied, doing the work to code is the major issue. Wrongly doing the work can negatively effect not only the OP, but also his neighbors, which is why a review of plans, permission, inspection, and utlimately a CofO is required.
The OP mistakenly believes that since the bathrooms were in place at the time of his purchase of the house, he does not need to obtain Permits and all required to do so. Again, he is mistaken.
One could also glean form the OP's post that he did not hire licensed professionals!!! Which in itself makes the work suspect! Professionals would not risk their license, and w/b aware of the necessary procedures.
Whether he needs architectural plans depends on the extent of the renovation. He certainly needs a licensed plumber to do the plumbing work. He doesn't need a 'permit' to simply take down and put up tiles, but I would imagine the renovation work is a bit more extensive than just that.
New, inexperienced homeowner, looking to do things on the cheap, and learning the hard way. Common and typical.
If you are not planning on selling your home ever, don't sweat it. Just ignore it. It only comes into play when you want to sell the building..you will have a violation and lien on it..but who cares. It is a small fine and can quickly get it taken care of at time of sale with the help of your attorney. The city does not waste it's time going after the small guy in these situations..there are portfolios of properties with hundreds of thousands of dollars in violations....and somehow they continue operating and get bought and sold. Don't sweat it.
In residential areas, generally of high quality, where neighbors are highly concerned about disturbance and/or property values, things can develop into serious and costly issues.
Neighbors who continually complain to the appropriate departments and agencies, can result in numerous violations and fines. Neighbors who get their attorneys involved can result in 'stop work' orders. In which case, the home owner will need to get an attorney, and the issues resolved in court. Also, neighbors can get the local politicians invloved, which only exacerbates the matter.
Ignoring the issue, in such a circumstance is NOT advisable. For example, an Inspector will be sent, generally, upon each complaint by a neighbor. The fact that an inspector was again sent to the proper for the same violation issue will not bode well when attempting to resolve the issue.
In addition, after a time, as neighbors continue to complain, the Inspectors will look for additional violations and find them! As you ignore the issue and the violatins and fines mount, it can be increasing difficult to have the fines reduced and resolved. The Bloomberg administration is more strignent re these issues than previous administrations. IMO, they view this as another source of revenue!!
Recently had to deal with a property in Forest Hills with numerous violations and fines
which were ignored for many years. Properties do get sold, but at a discount to the fines. A good method to find bargain properties, if you have the cash.
Again, a lot depends on your location and neighborhood. You can get away with a lot more in a ghetto neighborhood than in an upscale neighborhood. Think parts of Jamaica vs Astoria vs Bayside/Douglaston. Each succesive neighborhood will react differently.
Again, for example, I know a doctor in Astoria, bought a teardown and began to build, and had nothing but issue after issue, as the neighbors call the various agencies and made complaint after complaint. Increased his time to completion, and raised his cuts WAY beyond budget. This is typical when doing a teardown in an established neighborhood.
People can complain all they want but how does an inspector enter a premises without a warrant or permission from the homeowner?
I doubt the city will go to court to obtain a warrant because a judge will never issue such a warrant.
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Permit
