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Selling Home, are permits needed?

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codejoke

Junior Member
What is the name of your state (only U.S. law)? Town of Oyster bay new York

Hello I am thinking of selling my home and I'm not sure if I need to get some permits or I suppose C.O's for a few items. I built a small porch years ago that I know will need a C.O. and the town has a instant permit process. I'm curious how or who actually does the search that says you require the following permits before your property can be sold? would a repaved drive way hold up a sale? It is the same dimensions just repaved. I bought this home from my mother in law. I have a letter from the town dated 1974 that states the property was built in 1941 prior to town law requiring a C.O. and a copy of the survey from 1974. The 1974 survey shows no driveway at all but it has been here in the same demension since original construction. I'm thinking nonconforming structure but is the burden of proof to claim this on me or the town?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Town of Oyster bay new York

Hello I am thinking of selling my home and I'm not sure if I need to get some permits or I suppose C.O's for a few items. I built a small porch years ago that I know will need a C.O. and the town has a instant permit process. I'm curious how or who actually does the search that says you require the following permits before your property can be sold? would a repaved drive way hold up a sale? It is the same dimensions just repaved. I bought this home from my mother in law. I have a letter from the town dated 1974 that states the property was built in 1941 prior to town law requiring a C.O. and a copy of the survey from 1974. The 1974 survey shows no driveway at all but it has been here in the same demension since original construction. I'm thinking nonconforming structure but is the burden of proof to claim this on me or the town?
Those ordinances are completely local. It unlikely that there is anyone here who can answer your questions.
 

codejoke

Junior Member
thanks

Those ordinances are completely local. It unlikely that there is anyone here who can answer your questions.
thanks for the responce. do you know in your area if you were selling your house who would check for needed c.o.'s is it done during the title search? thanks again
 

LdiJ

Senior Member
thanks for the responce. do you know in your area if you were selling your house who would check for needed c.o.'s is it done during the title search? thanks again
I don't even know what you mean by c.o.'s. That is a new acronym to me.
 

codejoke

Junior Member
answer my own question

thanks for the responce. do you know in your area if you were selling your house who would check for needed c.o.'s is it done during the title search? thanks again
just got off the phone with the title company who did a recent survey for me. Its the new buyers lending institution that would question the need for a C.O. for any structure.
 

CLJM

Member
I don't even know what you mean by c.o.'s. That is a new acronym to me.
LdiJ,

The "CO" must be referring to the "Cerificate of Occupancy"---which is evidence that the building is in compliance with the plans and specs that have been previopusly submitted and approved. The "CO" compliments the "building permit" in that first the proposed plans are submitted for approval, then the building permit is issued and building commences. The "CO", then is certification (inspected on-site and certified) that the building was built to the plans submitted and approved and is in compliance with applicable ordinances, codes, and other laws.
 

nextwife

Senior Member
You also should check what sort of presale inspection / Certificate of Compliance Inspection ordinance or requirement exists in your Town. Many local communities impose Inspection at Sale requirements by the loacl building inspection department. They can ding you and require permit and code compliance of previously done repairs/improvements that neglected to obtain a required permit. WE cannot know what the local requirements may be as to permits.

In my community occupancy of a newly transferred existing home is not permitted until the building inspector does the inspection and all ordered compliance repairs completed and certificate issued. Provsions are made for later completion of seasonal work that must be delayed. I see this sort of requirement in many communities.
 

ecmst12

Senior Member
If I was buying a house, I'd look for permits for any upgrades that the current owners had done, and I'd make sure it was inspected and the electrical, plumbing, etc were all up to code and safe. But I watch Holmes on Homes.
 

nextwife

Senior Member
If I was buying a house, I'd look for permits for any upgrades that the current owners had done, and I'd make sure it was inspected and the electrical, plumbing, etc were all up to code and safe. But I watch Holmes on Homes.
I know of a house where so many unpermitted, uninspected rehabs and repairs were done, and closed behind walls etc, that the building inspector gave up and condemned the place. THe lender refused to foreclose and be the one stuck with the cost of the raze order.
 
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HomeGuru

Senior Member
I know of a house where so many unpermitted, uninspected rehabs and repairs were done, and closed behind walls etc, that the building inspector gave up and condemned the place. THe lender refused to foreclose and be the one stuck with the cost of the raze order.
**A: I have seen a bunch like that.
 

FarmerJ

Senior Member
Your free to ask your town if they have a dollar threshold used as a guideline as to when permits are needed as well as what specific things need permits. its entirely possible the driveway did not need one if it was dirt or gravel that was paved over but your towns clerk may well be a good source to ask. AND yes many people do look for open permits that were not signed off on when they are thinking of buying as well as some people also look for things like tap records for water and sewer if a home is super ancient and might have a shared sewer with another home or if the home is sited in a area that at one time was all private well and septic , as a way to learn if old wells were capped or septics taken out of service in way that met a city /town ord. ( you would be surprised at the number of postings here ive seen where people found out after the fact that old septics were not properly taken out of service, so permit -records searching has become more common for buyers as a way to just make sure before placing offers)
 

justalayman

Senior Member
this, I believe, is the sellers disclosure form you will be required to use:

www.grayrider.com/realestate.disclosure.seller.pdf

here is one questions from the form:

9. Are there certificates of occupancy related to the property? Yes No UNKN NA (if no, explain below)
a buy/sell agreement might include a clause dealing with building permits. I have seen where the contract simply asks if there are any additions or improvements and if a permit was obtained for that work. You would absolutely be required to answer honestly or risk being sued.
 

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