• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

County won't sign off on Occupancy Permit

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mbmurray

Junior Member
What is the name of your state? VA

I am trying to get an occupancy permit from loudon county for our home that has just been built. I go to the health department for them to sign off on our septic and well. They say when the well was installed and a water test was performed, that the lead level was too high and that we should never have gotten permits to proceed to build the house, and they won't sign off, so that I can get an occupancy permit. They admitted it was their mistake to me, saying they never sent anything to us notifying us about the problems and it was on oversite on their part. My construction loan is up in a month, and I don't know what to do.

Can I sue the county if they don't give me the occupancy permit, because they let me build this house, even though they shouldn't have and now they won't issue me an OP? What are my options? Thanks.
 


BelizeBreeze

Senior Member
What is the name of your state? VA

I am trying to get an occupancy permit from loudon county for our home that has just been built. I go to the health department for them to sign off on our septic and well. They say when the well was installed and a water test was performed, that the lead level was too high and that we should never have gotten permits to proceed to build the house, and they won't sign off, so that I can get an occupancy permit. They admitted it was their mistake to me, saying they never sent anything to us notifying us about the problems and it was on oversite on their part. My construction loan is up in a month, and I don't know what to do.

Can I sue the county if they don't give me the occupancy permit, because they let me build this house, even though they shouldn't have and now they won't issue me an OP? What are my options? Thanks.
You need to contact a local attorney in Loudon county to review the case and advise.
 

LindaP777

Senior Member
Just curious . . . do you want to live in a house with water that has high levels of lead in it? If you can't use that water, what will you do for water?
 
Wow - that is a bad situation. You need a lawyer ASAP. I don't think they can give an occupancy permit without addressing the water issue....maybe there is some sort of filter to remove lead that will be acceptable??? Maybe there is a water main nearby??? Maybe you can drill a new well??? Are there other homes in the area? I think the county, depending on state statutes, should be liable since they should not have issued a building permit.
 

mbmurray

Junior Member
I want to live in the house, but not if the lead levels in the water are high and can be harmful.

This is a rural area, so there are no water lines, just wells and septic systems. If I drill a new well, that costs money, I am already tapped out building this house. If I can get a filtering system, I think the county should have to pay for it, not me.

According to the county, permits for the house should not have been granted because of the high level of lead in the water, well they screwed up, I built the house, cause they said I could, now they are saying, sorry no OP for you. I submitted a new water test today to the lab, will find out on Friday, the results.

I can't close on the construction loan without an OP, and it is due in a month. I would think I would have a good case against the county for negligence or something. I guess I will wait and see what the test results are on Friday....
 

BelizeBreeze

Senior Member
I want to live in the house, but not if the lead levels in the water are high and can be harmful.
which would have been the case if you had NOT gotten the permit.
This is a rural area, so there are no water lines, just wells and septic systems. If I drill a new well, that costs money, I am already tapped out building this house. If I can get a filtering system, I think the county should have to pay for it, not me.
and if you had not been given the permit you would have drilled another well or septic and then continued on to build.
According to the county, permits for the house should not have been granted because of the high level of lead in the water, well they screwed up, I built the house, cause they said I could, now they are saying, sorry no OP for you. I submitted a new water test today to the lab, will find out on Friday, the results.
o.k.
I can't close on the construction loan without an OP, and it is due in a month. I would think I would have a good case against the county for negligence or something. I guess I will wait and see what the test results are on Friday....
Regardless of the test results, your ONLY course of action at this point is to contact a local real estate attorney. You may only have one option however, and that is to contact the mortgage lender for an extension citing the facts of the problems with the county.
 
If there is plenty of land, then find a new place and drill a new well. You would have had to do that if you wanted to move forward with this property anyway so the county isn't liable for drilling a new well (nor a water filter either). However, if there is NO acceptable water source available, then I would think the county would be liable. Hopefully the new water test comes back fine....if not get a new well drilled ASAP.
 

mbmurray

Junior Member
As i have stated before, I dont' have thousands of dollars laying around to dig new wells, I am also under TIME CONSTRAINTS in relation to the construction loan. Its not like you can dig a well in a week and have it hooked up to your house, it takes months or longer. I would have to get new permits from the county, find a location, find a driller, get water tests, etc.

You are limited to where a well can be dug in relation to the septic drain field. You have to be x feet away, so that eliminates a lot of the land right there.

Some of you have stated, well you would of had to dug a new well anyways, so the county isn't liable if you have to do it now. Well, back then I didn't have the construction loan, so I could of taken my time to find a suitable location for a well and get the tests done, I did not have any time or money constraints. Also, my septic field wasn't in place, so I would of had more options than I do now.

Since they neglected to tell me about this and let me start building, and only now have stated that this is a problem, which they should have done in the beginning, I don't have time or the money to dig a new well. I can get an extension to my construction loan, a 3 month extension which will cost 4K. After that extension, I will be in default. This is my quandry.
 

BelizeBreeze

Senior Member
As i have stated before, I dont' have thousands of dollars laying around to dig new wells, I am also under TIME CONSTRAINTS in relation to the construction loan. Its not like you can dig a well in a week and have it hooked up to your house, it takes months or longer. I would have to get new permits from the county, find a location, find a driller, get water tests, etc.

You are limited to where a well can be dug in relation to the septic drain field. You have to be x feet away, so that eliminates a lot of the land right there.

Some of you have stated, well you would of had to dug a new well anyways, so the county isn't liable if you have to do it now. Well, back then I didn't have the construction loan, so I could of taken my time to find a suitable location for a well and get the tests done, I did not have any time or money constraints. Also, my septic field wasn't in place, so I would of had more options than I do now.

Since they neglected to tell me about this and let me start building, and only now have stated that this is a problem, which they should have done in the beginning, I don't have time or the money to dig a new well. I can get an extension to my construction loan, a 3 month extension which will cost 4K. After that extension, I will be in default. This is my quandry.
Hence my advice in the VERY FIRST post to contact a local attorney.
 
Assuming the second water test will not be better and a water filter will not be acceptable, then you need to mitigate the damages/harm by having a new well drilled or some other action. If you sit back and allow the harm to hit you, you will be sorry since there won't be some at the end of the long road to bail you out and make you whole. Another alternative is to use a neighbor's well if possible.

You need to understand that to hold the county liable for this mistake is not going to be easy or quick. Moreover, their liability might be very limited here.

You need a lawyer, now.
 
You seem to be in a position that requires a solution that's not necessarily legal in nature. Without some specific action on your part, it's doubtful that the county is going to reverse it's stand on water quality. Here are some possibilities:

a. Discuss the problem with others who live in the vicentity of your new home. Ask how they've handled the problems with the water and with occupancy certificates.

b. Explore options. There are a number of filtration systems on the market. Using one of them may increase water quality above the county threshold. Check this EPA website for information:

http://www.epa.gov/safewater/lead/lead1.html

c. Speak to the county health department and ask for advice.

Local governments are usually intractable on such issues. Use their error as leverage to enlist their help. If there's a way to work around the problem you're likely to be more successful as an injured property owner than as a legal adversary. The latter will only elevate the visability of the error and make enemies when you need friends.
 

mbmurray

Junior Member
Update

Water test came back, under 5ppb, so it passes. Health department signed off, zoning just signed off. I received the occupancy permit. Life is good!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top