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I am looking to buy a house, the deck in the back of the house is apparently not permitted. According to my agent, the owner filed for a building permit with the city, constructed the deck according to plan, but just never asked the building inspector to inspect the finished deck and issue a permit. My agent told me the town knows the deck is there. He thinks it's just a matter of paying the inspection fee and asking the inspector to come and take a look at the deck. But the seller isn't willing to get the permit for us, they won't allow the deck to be inspected by the city prior to closing unless I assume responsibility for any issues uncovered during inspection.
So, based on your experience, how big of an issue do you think this is? This is not a new deck, it's likely 10-20 years old at least, no more than 3 ft. off the ground and at most 200 sq. ft. Will the city one day show up and slap me with fines, ask me to remove or fix the deck or do something that will incur large costs? How big of a liability am I looking at? I am ready to walk from the deal if this is a big enough liability, but as a first time home buyer, I am just not sure what am I dealing with here. Thanks in advance for any insights you can share.
To me, the issue is less about the city coming after you, and more about you being (likely) required to disclose the permit problem when selling the house yourself one day. The seller really needs to get the inspection and complete the permit, since it may find no problems and what either of you does or negotiates later is a separate matter. They and their agent (likely) have to disclose the permit problem to other buyers if you walk away anyway. There is no reason you should have to assume responsibility for fixing what is still their deck. Your real estate agent should be able to advise you about local disclosure laws and whether a contingency in your purchase agreement is appropriate here. Good luck!
If the homeowner isn't willing to get the permit -- something is NOT right with this picture.
Is your agent a buyers agent?
Call the town and see if there was ever a permit opened on it -- find out directly from them as opposed to taking anyone else's word on it. Willing to bet there either never was a permit, or that it wasn't built to code -- hence no final inspection and CO.
If the homeowner isn't willing to get the permit -- something is NOT right with this picture.
Is your agent a buyers agent?
Call the town and see if there was ever a permit opened on it -- find out directly from them as opposed to taking anyone else's word on it. Willing to bet there either never was a permit, or that it wasn't built to code -- hence no final inspection and CO.
Yeah I thought it was fishy too. My agent is not an exclusive buyers agent, and in fact, the same agency (think REMAX) represents both buyer and seller, just different agents. I called the town, and they told me this deck was most likely built prior to 1990, when the town started requiring permits for decks. Building inspector told me he would come out and look at the deck, and it should be okay unless the deck looks brand new. He will then note in the records that this deck is non-conforming but exempted from permit requirements. This made me feel a little better.
Yeah I thought it was fishy too. My agent is not an exclusive buyers agent, and in fact, the same agency (think REMAX) represents both buyer and seller, just different agents. I called the town, and they told me this deck was most likely built prior to 1990, when the town started requiring permits for decks. Building inspector told me he would come out and look at the deck, and it should be okay unless the deck looks brand new. He will then note in the records that this deck is non-conforming but exempted from permit requirements. This made me feel a little better.
If the deck is exempted from permit requirements for reason given, does the town issue a some sort of notice to the property owner indicating that this has been noted in the records? I deal with building inspectors on a regular basis (downstate) and find that sometimes things are said but never acted upon. Whatever happens, make sure there is something in writing.
Generally the rule of thumb in New York State is, if you want to do something, 95% of NYS laws prohibit it. The other 5% is taxed.
95% is conditionally allowing it with the express intent to tax the heck out of it. The other 5% is foot dragging and creating obstacles to prevent you from doing something until you wet their beaks.
95% is conditionally allowing it with the express intent to tax the heck out of it. The other 5% is foot dragging and creating obstacles to prevent you from doing something until you wet their beaks.
haha
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