Building Permits and Certificates of Occupancy
6/04
Almost any addition, alteration or improvement made to your home will require a Building Permit and a Certificate of Occupancy or Certificate of Compliance. A Building Permit provides the homeowner with permission from the Town to undertake certain work. The Certificate of Occupancy or Certificate of Compliance is issued by the Town after a building inspector has inspected the work and has found the work to be in compliance with all Town Codes and safety regulations.
For many seniors who have lived in their home for many years, the lack of Certificates of Occupancy is a major cause for delay in real estate closings. In Putnam and Westchester Counties there are numerous homeowners who, over the years, have installed in-law apartments with kitchens and baths in their homes. Many homes have additional rooms added. There are scores of do-it-yourself decks and handyman special bathrooms in our area. Work done without obtaining a Building Permit is illegal and will create a title clearance problem for a seller at closing.
Generally, most Towns will require Building Permits for any addition, finishing basements, swimming pools, decks and sheds. This requirement is for safety purposes. Where plumbing and electricity and structural issues are involved, the Town Building Inspectors will want to ensure that the work is up to Code and that the premises will be safe.
Problems often arise when a home is being sold and an appraiser and survey inspector go to the property to perform their evaluations and inspections. Many times illegal improvements have been in existence for many years without anyone ever questioning their existence. However when they are discovered prior to a home sale, the closing will almost always be delayed.
Correcting these problems after the fact is sometimes not an easy task. Portions of walls may have to be removed to inspect plumbing pipes and electrical connections. Often the existing work will have to be re-done to bring it up to Code. To inspect decks, the ground will have to be dug up in order to inspect and possibly replace footings. Sometimes where setback requirements are not met or septic systems cannot handle additional plumbing, decks and bathrooms must be removed from a home. While removing illegal items may bring a home into compliance, it may also effect the sales price as the buyers are no longer getting what they bargained for.
The best solution is to call your Town’s Building Inspector prior to making any improvements to your home. You will be advised as to whether your proposed work will require a Building Permit. After the work is done, remember to call the Building Inspector to schedule an inspection so that a Certificate of Occupancy may be issued. Many times Building Permits are issued to homeowners but the homeowners either forget or do not realize that they need to close the Permit by having an inspection done and have a Certificate of Occupancy issued. If you are planning to sell, you should clear any potential violations before you place your house on the market. This will insure that you are legally able to include in the terms of your sale everything on the premises and it will certainly help to avoid delays in Closing.