What if I enclosed a screen porch into a room with windows an heat, over 30 yrs ago, but never filed a permit at that time. I now am selling my

Asked by Gogo, Whitestone, Queens, NY Sun Apr 17, 2011

home, can it be sold or will the bank stop the sale, until a permit now is filed.

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Allen Bauman’s answer
Allen Bauman, Agent, New York, NY
Mon Apr 18, 2011
Hi Gogo
No one can really tell what will happen. Technically you need to start from the beginning with a drawing, file for permits and get plumbing, electrical and building inspections to determine if the work was done to code(current code). If the inspections are fine and the inspectors sign off then you can probably close before you get the final certificate of occupancy. That is what should be done. However if the appraiser doesn't catch the addition, or the title company doesn't catch it from the survey inspection or the banks attorney doesn't catch it when all the documents are compared then maybe you will get by. But don't count on it. You don't want to sell your home and not be able to close. Find a reputable general contractor to take a look at the addition and give you their opinion of whether it will pass inspections. After that you can have the GC do all the work(drawing, permits, inspection appointments). If you don't pass any of the inspections you can ask the GC to do any of the necessary work. Good luck!
Allen Bauman
Century21 Yve R.E.
Licensed R.E. Agent
NYS Certified Residential Appraiser
1 vote
Nice response.
Flag Mon Mar 11, 2013
Therese L Ko…, Agent, Bayside NY 11361, NY
Sun Apr 17, 2011
Hi Gogo, you can sell without doing anything, but you certainly risk loosing a deal and/or valuable time. There is a possibility of closing without a hitch but doesn't mean you would want to chance it. I know deals that have closed with entire additions that were not on file and closed without a problem with a bank. Depending on the type of house, how old? pre 1938 C of O's were not required-The buyer may rip that down and add to the entire house??. Available to discuss your specifics Terry K 718-614-3167 cell or email me therese.Korahais@elliman.com
0 votes
Larry Avroch, Agent, Bayside, NY
Sun Apr 17, 2011
You have converted a screened in porch to usable living space. Before this was done you should have hired an architect to draw up the plans and submit them to the building department for approval. Then once approved a new certificate of occupancy could be issued showing the legal alteration. The problem could be solved by having an architect begin the process right away. As long as it was done in compliance with the building codes it will be approved. If the approval is not obtained in time for your closing date, most banks will hold money in escrow until the approval comes thru.

However, if it wasn't done to code you will have to either tear it down or alter it to conform to code if possible. Very few buyers would purchase the house with an illegal addition as their lawyer would tell them that they would have the same problem one day when they decide to sell. If you need a good architect who is familiar with situations like these you can contact me. I would be happy to help you. I can be reached at 718-224-1515 ext.106, ask for Larry or bestsella@aol.com
0 votes
Anna M Brocco, Agent, Williston Park, NY
Sun Apr 17, 2011
Consider discussing the issue with your agent and attorney; you may also wish to check with your local department of buildings regarding any possible needed permits--as for the sale--much will depend on the individual lender and potential buyers...
0 votes
Christopher…, Agent, Tarrytown, NY
Sun Apr 17, 2011
Hi, Your best bet is to check with your local building department. You may not need a permit if it's grandfathered in. Technically you have increased thye sq fottage and heated living space so that would normally need a permit. Since you already did the work the inspector would have to come and make sure it is up to code, if so you can most likelyclose the permit.

Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
William Raveis Legends Realty Group
Web Reference:  http://raveis.com/chrispagli
0 votes
Suzanne MacD…, Agent, Morristown, NJ
Sun Apr 17, 2011
I had this very same issue come up recently and was advised that doing inprovements without permits was not uncommon 30 years ago. Apparently building codes were in their infancy at that time. The town had been taxing the home as if the extra room were 'official' for years so that would not raise eyebrows with the lender.

It would be a good idea to check with your local municipal building departtment and see what they require or suggest. You may not have to do anything. I believe you will need to disclose the situation to potential buyers and they will have to disclose it to future owners when they decide to sell at some point in the future, but if everyone involved in the sale is OK with the situation, the sale should be able to proceed.
0 votes
I live in Brooklyn and the new buyers are trying it evict me but the actual owner lives in Florida. My question is does the the buyer need a certificate of conformity in order to obtain and record the deed?
Flag Fri Mar 6, 2015
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