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Old 07-26-2021, 12:13 PM
 
29 posts, read 19,159 times
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Hi all,
I am selling my 100plus years old home and the bathroom was never on record with the town though it was there prior to our purchase. My town no longer grandfathers in preexisting work so we are opting to remove the bathroom prior to sale. Bringing it up to code will take too long and delay the sale.

My question is how complete must the removal be? Can capped pipe be visible? Or must we sheetrock over? Can the bathtub remain but faucet and shower removed?

Sorry if these are silly questions. Thanks for your help.
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Old 07-26-2021, 12:18 PM
 
Location: Cary, NC
43,282 posts, read 77,104,102 times
Reputation: 45642
It's a local question. What do others in your town do when confronted with this issue?
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Old 07-26-2021, 01:32 PM
 
4,842 posts, read 3,272,992 times
Reputation: 9456
Quote:
Originally Posted by annie7216 View Post
...My town no longer grandfathers in preexisting work so we are opting to remove the bathroom prior to sale. Bringing it up to code will take too long and delay the sale...
I always thougt 'bring it up to code' applied to things that had to be fixed if you did something that 'opened up' that particular area... and not until. If ever. Can't you just declare it on the disclosure and let the new folks deal with it?
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Old 07-26-2021, 01:40 PM
 
Location: Salem, OR
15,575 posts, read 40,430,010 times
Reputation: 17473
Quote:
Originally Posted by annie7216 View Post
Hi all,
I am selling my 100plus years old home and the bathroom was never on record with the town though it was there prior to our purchase. My town no longer grandfathers in preexisting work so we are opting to remove the bathroom prior to sale. Bringing it up to code will take too long and delay the sale.

My question is how complete must the removal be? Can capped pipe be visible? Or must we sheetrock over? Can the bathtub remain but faucet and shower removed?

Sorry if these are silly questions. Thanks for your help.
This is a local ordinance so you will have to find out what their requirements are to have it considered removed.
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Old 07-26-2021, 10:28 PM
 
Location: Minnesota
2,609 posts, read 2,188,904 times
Reputation: 5026
Maybe it just can't be figured into the price/description of property. Rather than listed as a two bathroom you can only count it as a one bathroom, which would effect what it regarding financing. But you should contact your city/county regarding on conforming bathrooms/non legal bathroom. Do they have a website
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Old 07-27-2021, 09:06 AM
 
Location: Knoxville
4,705 posts, read 25,299,067 times
Reputation: 6131
I agree, its really a question for the people that are enforcing the rule. My stance might be that THEIR paperwork is faulty, because clearly it has been there a long time.
The other question is what exactly is not to code? And which code are we talking about? 2021 regulations are so much different than say, 1950 codes. Codes might not even been used in your area 100 years ago.
You might be able to tell when the bathroom was put in by the code inside the toilet tank. That might give you ammunition when arguing. Say the toilet says 1972, and they didn't have any regulations then about bathrooms, then you are really not out of compliance. But trying to argue with City Hall is sometimes frustrating.
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Old 07-27-2021, 09:36 AM
 
Location: Rochester, WA
14,476 posts, read 12,101,318 times
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Are you being asked by a buyer to take it out? Or are you just doing this preemptively?

I ask because places sell all the time with unpermitted bathrooms and additions. It isn't always an issue to every buyer.
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Old 07-27-2021, 09:47 AM
 
11,230 posts, read 9,318,331 times
Reputation: 32252
Quote:
Originally Posted by annie7216 View Post
Hi all,
...My town no longer grandfathers in preexisting work so we are opting to remove the bathroom prior to sale....
That doesn't really make sense to me.

Are you telling me that if the house was built in 1920 and someone did a modification in 1925, if that didn't show up on the tax rolls, you have to remove it or make it compliant to 2021 codes? I'd challenge that all day long. Do you REALLY think they still have all the records back 100 years?

Being taxable and being compliant to construction codes are two different things.
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Old 07-27-2021, 10:21 AM
 
Location: On the Chesapeake
45,373 posts, read 60,561,367 times
Reputation: 60980
Generally speaking, the code that applies was the one in effect when the work was done and not today's unless you're remodeling above a certain dollar amount (typically 50% of house value).

If today's code was applied to sales then no house older than a few years would pass, especially electrical code, because the codes get revamped/updated every couple years.
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Old 07-27-2021, 10:26 AM
 
Location: Raleigh
13,714 posts, read 12,427,493 times
Reputation: 20227
Quote:
Originally Posted by turf3 View Post
That doesn't really make sense to me.

Are you telling me that if the house was built in 1920 and someone did a modification in 1925, if that didn't show up on the tax rolls, you have to remove it or make it compliant to 2021 codes? I'd challenge that all day long. Do you REALLY think they still have all the records back 100 years?

Being taxable and being compliant to construction codes are two different things.
Not only that but "code" as required for new construction and "code" as in "you can't sell or get a mortgage with this like that" (health and safety code) are very different.

A Kerosene or gasoline stove in the kitchen is a big no-no. A sink or shower that doesn't have anti-scald valves isn't.
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