Finished basement footage to be included in public record

[littleMike]

What is the name of your state (only U.S. law)? MA

When I moved into a house, its basement was already finished, but in both MLS and public record, this finished basement footage size is not included to general living area. I guess the previous owner has never reported its finished basement to town.

Now if I choose to report this finished basement to town, its footage will be included into the public record?
Since extra footage means extra taxes, do I have to pay all previous years taxes or it will be starting from the day I report?
Does the town have to knock the wall down to do build inspection before an appraisal?

Thanks.

 

[Zigner]

Was the work properly permitted?

 

[STEPHAN]

The fact that there is furniture does not mean that it's legal to use it as living space.

 

[justalayman]

When I moved into a house, its basement was already finished, but in both MLS and public record, this finished basement footage size is not included to general living area. I guess the previous owner has never reported its finished basement to town.

that means, more than likely, a permit was not obtained for the work. If a permit was pulled, the work would have been inspected and given the inspectors blessing when finished after which it would be considered living space. A Realtor is not going to not advertise it as living space if it can be legally. It increases the value of the house so they would have reduced their own commission by not using it to value the home.

Now if I choose to report this finished basement to town, its footage will be included into the public record?

if it is legal living space, yes.

Since extra footage means extra taxes, do I have to pay all previous years taxes or it will be starting from the day I report?

tough call. Unless the municipality can prove when the work was done, they would have a hard time justifying a demand to pay taxes prior to their knowledge of the work or the stated date of the work. They may try to apply retroactive taxes but you should be able to defeat a demand for increased taxes prior to the date of listing the house...


but they will get you on the failure to obtain a permit penalty fees, inspection fees, and a permit fee.

Does the town have to knock the wall down to do build inspection before an appraisal?

maybe. I have seen walls be required to be opened so the inspector could inspect electrical, plumbing, and general construction methods. It depends on the inspector as well as why they might need to open the wall.

of course that is presuming a permit was required. Check your building department and see what you can find out about whether the construction would have had to have a permit or not. Not all construction requires a permit (although most does).



so, was there a sellers disclosure filled out? Did it speak to work that should have a permit actually having had a permit pulled for it? Depending on the facts, you may have some recourse from the seller if a fraudulent disclosure was provided.