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no building permit

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sandisan

Junior Member
What is the name of your state (only U.S. law)? Washington

We built a garage & a mother in law apartment without a building permit about 8 years ago & now a county building inspector stopped by & questioned us about it. What will happen to us?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
well, it's up to the inspector and the building department.

A worst case scenario: you have to tear down the addition/building.

best case scenario; they give you a wink and a nod and say everything is ok.

The reality will likely be someplace in between. Most areas I know of charge a penalty of about twice the cost of the permits that would have been required. They also can demand everything be inspected just as it should have been when it was being built. Sometimes that requires some demolition to be able to inspect hidden structure and systems.

Then you have the tax department to worry about. You owe taxes for the increase in property value for the last 8 years. That is something you will have to deal with as well.

Of course, the structure being allowed to remain is with the presumption it is even legally allowed. If it isn't, they might allow you to seek a variance. If they won't or you can't get one, then the structure needs to go.
 

NC Aggie

Member
Everything justalayman said is correct. It really will depend on the building standards department in your jurisdiction. However, I think the most likely scenario will be that the addition will be inspected to see if it meets code (most likely current code). If the addition does not meet code, then they will likely give you an opportunity to bring the addition up to code. I've even heard of people receiving code variances in such situation. For example, if you have a 10 feet setback requirement and your addition comes within 8 feet of the property line you may receive a variance even though code says this is a violation and the structure should be removed from within the setback.

Whether the additon meets code or not, you more than likely will still have to pay permitting/inspection fees. Most jurisdiction will not levy excessive fines for residential violations such as yours and even try to work with violators unless you're a repeat violator or your construction has adverse impact on neighbors or the public. An adjustment to your tax assessment is also likely, however, I believe most county/city tax laws will have a limit on the time period corrections to property evaluations can be done.

But again, all this will depend on your jurisdiction, ordinances/policies and the people you'll be dealing with. Good luck!
 

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