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I still can't believe something like that isn't grandfathered... and I can't believe anyone would actually buy something in that town if they knew the rules could change at any time.
The rules for the town changed a few years ago. Prior to that everything was grandfathered in. So when we bought our home, this wasn't in effect.
Does your state law allow a city to make that sort of rule? have you talked to a local lawyer about the issue?
Ask for a copy of the relevant code sections from the city. They can't just tell you "it's a secret". They may not have it on the web because they use a copyrighted code from outside. Which is ridiculous.
What city is this? Or state, if you don't want to reveal the city.
What's a CCO?
I have not consulted a lawyer and will not now either. I know I will not win that fight and it can only cause more problems. Other towns, such as Englewood NJ, do this as well.
A CCO is a continued certificate of occupancy. So normally people obtain a CO when they do work and want to make that work legal. The CCO makes sure that any work done (without permits at any time) is caught before the sale of the home.
This is New York state. And it's Westchester county though I'll tell the city once the sale is (hopefully) complete. A quick google search though did tell me that my city is not the only one doing this and I also found some NJ cities doing the same. I think it's a money grab. People pay a fee for the CCO, they pay a fee to put in permits for work that was done in 1920, prior to them owning the house, the BI recommends his friends to actually do the work, AND the new work is now taxed at a higher rate. Which is crazy bc Westchester is already so highly txed.
Last edited by annie7216; 07-29-2021 at 02:33 PM..
Does your state law allow a city to make that sort of rule? have you talked to a local lawyer about the issue?
Ask for a copy of the relevant code sections from the city. They can't just tell you "it's a secret". They may not have it on the web because they use a copyrighted code from outside. Which is ridiculous.
What city is this? Or state, if you don't want to reveal the city.
What's a CCO?
Quote:
Originally Posted by MidValleyDad
OP - it is difficult figuring out which comment you are responding to if you don't include at least part of the comment/question or at least the name of the person who asked the question in your response.
I find it surprising that a professional plumber working in the town doesn't know what the code is. I would call the town office and ask how you can get a copy of the relevant sections of the town code. They should at least have a reference copy available at the office that you can look at. It would help to know where you are (at least state and county/township/other higher government entity)
How was this not known when you bought the property? I also find it odd that every time a property is sold it has to be reinspected and brought up to current code. What does your real estate agent say about this?
My realtor says our town is the biggest money grabber he's ever seen and there's nothing we can do about it. The law was NOT there when we purchased the property in 1991. The requirement of getting a CCO is a relatively new thing implemented a few years ago.
The thing is, I've heard of a variety of that, but not to the extreme the OP is referring to. As in, I've heard of "My husband and BIL installed a basement bathroom in 2009" and having that cause problems. But typically once it's sold once, its settled.
What my town does in a case like the example you gave above is have the homeowner get permits for the basement remodel, plumber and electrician must be brought in to check the pipes and wiring. If parts of the basement were not done to code, then they need to rectify that prior to closing.
Never heard of that one before. Around here, we only have Certificates of Occupancy. Either you're allowed to live there or you're not.
The code has to be in writing somewhere. Otherwise, how do tradespeople learn the local codes in order to meet them? Trial and error? That wouldn't make sense.
Unpermitted work often causes an issue in a home sale. I've never heard of a building department requiring work as old as the OP's to be brought up to code. This sounds like a very local issue though.
It is a local problem and hence my question of how to take the bathroom out. We will not be able to bring the bathroom up to code prior to the proposed closing. Someone on here said they were supposed to pour concrete down the toilet! I imagine they had a similar situation.
Yes the code exists somewhere, they just do not make it easy to find. I'm sort of afraid to have to go in and ask for the code at this point as they know who we are and the quandary we're in. Almost like I'm calling attention to myself. I know it sounds a little nuts but this whole situation has been difficult already.
We already didn't include it as part of the listing as we knew it was a potential problem. My town mandates CCOs for all home being sold. So it was still inspected by the building inspector and must wither be brought up to code (a long process that will delay the sale), or removed. Another odd thing is that my town does not have the code available for viewing on the web. It's the only town I've ever seen that does this.
There should be a an order put out by the code compliance department that you can take to a walk-through with a plumber to see what needs to be done. The longest time will be hiring a qualified master plumber to do the work. You will be given a certain amount of time to correct it. If you show that you're diligently working on it and state how much time you need, they will usually give you more time. They realize how hard it is to get contractors and get on their schedule. Just give them the date that your contractor gave you. It is more trouble for them to pursue you through additional channels than to allow you to correct the problem.
The code compliance department will often have a list of contractors you can contact. They will be very busy.
The other alternatives are to sell it on an as-is basis to a cash buyer or hire a contractor to go through the permitting process to fix the problem.
Never heard of that one before. Around here, we only have Certificates of Occupancy. Either you're allowed to live there or you're not.
The code has to be in writing somewhere. Otherwise, how do tradespeople learn the local codes in order to meet them? Trial and error? That wouldn't make sense.
Unpermitted work often causes an issue in a home sale. I've never heard of a building department requiring work as old as the OP's to be brought up to code. This sounds like a very local issue though.
Many tradespeople just pay for the codes, since they need to consult them all the time.
It is a local problem and hence my question of how to take the bathroom out. We will not be able to bring the bathroom up to code prior to the proposed closing. Someone on here said they were supposed to pour concrete down the toilet! I imagine they had a similar situation.
Yes the code exists somewhere, they just do not make it easy to find. I'm sort of afraid to have to go in and ask for the code at this point as they know who we are and the quandary we're in. Almost like I'm calling attention to myself. I know it sounds a little nuts but this whole situation has been difficult already.
My question isn't about the building code but about the Municipal Code (which is the compilation of Town regulations) to actually see where it says that previous work has to be brought up to current code.
Also how old was this bathroom. If it was there when you bought the house did the real estate listing mention it? Is the bathroom so old that the city no longer has the records on file (building permits and such)?
The Englewood NJ example talks mainly about taking out un-permitted apartments and their associated kitchens and bathrooms (obviously so they can't be rented out as such again)
Posters
The OP has said several times he is not going to challenge the city but remove the bathroom
Don’t keep trying to start a discussion he is not asking for
To the OP…ask your realtor to get the necessary document from the city
A realtor deals with many sellers and buyers and should be a buffer to advertising the specific house
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