Home Buying in Phoenix>Question Details

Mindy, Home Buyer in Phoenix, AZ

I purchased a home that had an addition with no permits....through some research i found out that the

Asked by Mindy, Phoenix, AZ Wed Jul 9, 2008

addition was built back in 1973 with the original owner of the house. Is there a grandfather clause in AZ that would allow me not tohave to bring it up to code?

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6
I will advise you to call the city to find out exactly what the requirements are, you can call anonymously if you do not want to identify your property.

If the property would have been permitted at that time you will not have to bring it up to today's scode, it would be grandfathered. But, if you want to get a permit today, you will most probably have to comply with today's standards, as the inspecion will be done following today's standards.

That issue should have been disclosed to you when you bought the house, as you need to disclose it when you sell the house. And yes, in many cases it is a deterrent.
1 vote Thank Flag Link Fri Jul 11, 2008
I just sold my house in March of this year, we had a 2 car carport, we went to the city of Phoenix for a permit to make it a garage. We didn't get a permit, as long as you disclose to the buyer, additions with on permit the seller is covered. For the buyer, they have a choose, the buyer does not have to bring the home up to code. The city of Phoenix will tell them they have to, if the buyer wants to add on.
0 votes Thank Flag Link Fri Jul 11, 2008
I originally was going to build a carport attached to it (before it was an addition, apparently it was a carport), but was told that I cannot do that unless it was brought up to code and if the city finds out about it they could make me bring it up to code. I have decided to forget about the carport I am just concerned when I do decide to sell, it will be a deterrence--as if I would have known it was not up to code, I probably would not have bought the house.
0 votes Thank Flag Link Thu Jul 10, 2008
Those issues are local...dealing with zoning, permitting, etc. So I can't answer regarding Phoenix. However, I attended a class recently (in Virginia) where that issue did come up. In my jurisdiction, at least as we were instructed, if an addition was made, or work done, that should have been permitted but wasn't, then the seller either must disclose that the work was done without permits or the seller must immediately seek to get the work permitted. It's the seller's option, but either it must be permitted, or the buyer must be made aware that it was built without necessary permits.

That's a different situation than Terry seems to be addressing. Building codes change all the time, so if an addition was built in 1973 that, at the time, received all necessary permits, then usually it's considered in compliance, even if the code has changed, and what was done back then wouldn't be up to today's standards. So, Terry's right regarding construction that at the time had the necessary permits. But, from your question, you're saying it never received those permits.

That's something someone familar with Phoenix regulations would have to answer.
0 votes Thank Flag Link Wed Jul 9, 2008
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
Are you trying to get the addition permitted now? Is the City asking you to bring it up to code?
Web Reference: http://www.McVinua.com
0 votes Thank Flag Link Wed Jul 9, 2008
I have never seen anything that requires you to bring a house up to code after it's build. Not even new construction within the state warranty period has to be brought to code after the original competion date.
Who is asking to have it brought to code & why?
Terry
0 votes Thank Flag Link Wed Jul 9, 2008
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