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Unpermitted: California's Secret Little Property Tax Revolt Is a Ticking Time Bomb

By
Mortgage and Lending with Platinum Home Mortgage Company NMLS #238304

 "Chad" (not his real name) THOUGHT he was one of the lucky ones. His house had sold, and the buyers were lender approved.

Then the appraiser delivered the devastating news that caused the whole transaction to blow up: The appraisal on Chad's house could not include the entire 700 square foot downstairs area that had been converted into a cool media room, bathroom, and office. Why?

The conversion of the basement had been UNPERMITTED (done without permits).

Why UNPERMITTED? TO AVOID AN INCREASE IN PROPERTY TAXES.

This is a story that pits an underdog (overtaxed, over-mortgaged Californians living in "high cost" areas) against bureaucrats (cash thirsty counties who have strapped themselves by legislating promises they cannot deliver). 

As is the case with most instances where taxation is askew (and broadly resented), those being taxed come up with ways to avoid or eliminate taxes. Such is the case with the enormous amount of of unpermitted "home improvement" that went on during the boom years here in California.

Zillow doesn't know the house has 700 extra square feet. There are no public records anywhere that indicate this 1,000 square foot house is really a 1700 square foot house. The contractor (now long gone) promised to do everything "to code". What clue would the listing agent have when the house was placed on the market?

Massive amounts of equity paid for unpermitted upgrades to California properties during our "boom years". During this era, getting an equityline was as easy as ordering a hamburger. We're talking about new kitchens and bathrooms, garage conversions, basements being finished into living areas, sunrooms, new wiring and plumbing, and the list goes on.

Many were never permitted.

For those of you unfamiliar with property taxes in California, they are essentially frozen for the entire time you own the property, based on what you originally paid for the property. One of the only ways a county can increase the tax is when a home improvement takes place, therefore increasing the value of the property.

 "Protecting your tax base" is a phrase has come to mean many things...one is simply not moving ( a topic for another post). Another is the decision to keep improvements to the property a secret by not making an application for a permit.

It is truly mind boggling to consider how many of these unpermitted improvements exist here in California. The "Secret Renovations Society" is alive and well, and paying far lower taxes than those that played by the rules. 

As if in a conspiracy, neighbors look the other way when contractors arrive everyday at the house next door for 6 months. Among friends, secret renovations are applauded, representing a sneaky way to avoid a tax increase. Houses are often first outfitted with proper looking window coverings in the renovation areas to keep prying eyes away.

Just how hungry are counties for money? On one of my own properties, I simply made an application for a permit, but changed my mind and never completed the work. Next tax bill? A massive increase in taxes for something that wasn't even done to the property (and if done, would have never increased the value of the property the amount determined by the county).

 Would you call this a MONEY GRAB?

Can you see how behavior like this by the taxing authorities, along with a simmering resentment over how much tax money is perceived to be wasteful could cause Californians to think twice before they apply for a permit?

Can you see how this has the potential to unravel many real estate transactions in the future?

Comments from appraisers would be welcome.

 

Written by Janet Guilbault, California Mortgage Expert Based Out of the San Francisco Bay Area

Jason Gault
Real Estate One - Brandon, MI
Real Estate Agent, Ortonville, MI

I live in the Michigan area and we are watching our SEV and taxable values plummet, and yet our property taxes are going to most likely go up due to propsal "A" (a tax code adopted in 1994 that may allow for a 5% increase in property taxes, since it only caps the rate increase, but is not directly tied to the assessed SEV for the property).

This has led to a situation here (as in CA I am sure also) where tax rates often account for more than 33% of the mortgage payment for homes bought this year.

I have said it before and I will say it again. The lending industry is driven by money. The large players who ultimately control the rates and practices are not idiots. Alan Greenspan agrees that if the government wants this problem solved, they need to STAY OUT OF IT. Anything they do now to 'help' is just going to drag it out longer. As for the one thing they all could do (local and state anyway) is to give immdeate property tax relief! Freezing the cap for property transfers for the next 18 months would go miles to help solving the inventory problem we have here right now. Of course, they may need to take a pay cut to do that...bummer they only care as long as it doesn't affect them.

Feb 29, 2008 11:57 AM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender

Jason: is there and chance your name is a shortened version of mine>>Guilbault?

My husband's family is from Michigan.

I don't think I have ever seen a payment where 30% is for taxes. That is hideous! No wonder no one is buying. Head for the hills...or a cheaper tax on your home

Feb 29, 2008 12:02 PM
Sharon Simms
Coastal Properties Group International - Christie's International - Saint Petersburg, FL
St. Petersburg FL - CRS CIPS CLHMS RSPS

What clue would the listing agent have when the house was placed on the market? If the actual sq ft and the tax sq ft are different, that's a big clue! If there are signs of improvements - an enclosed porch, a completed basement - those are big clues. We always get a property card from the city to determine what permit were taken out and if they were completed and signed off on. I always prefer to be proactive rather than reactive.

There are flip sides to everything - avoid the taxes vs having less sq ft to sell; pocketing cash vs having adequate income to qualify for a loan, etc. 

Feb 29, 2008 12:07 PM
Chuck Mixon
The Keyes Company - Cutler Bay, FL
Cutler Bay Specialist, GRI, CDPE, BPOR

When it come to construction work that is performed with out a permit, I think Miami, FL is King. We also have the problem where the illegal work is for the purpose of  convert single family home into 2 and 3 family unit. The landlord can now collect more in rent from the 2-3 families over all. This has caused the housing prices to shoot through the roof, make home ownership even harder for those in need.

To help combat the illegal construction local governments are looking into getting involved in the real estate transaction and require an inspection. This could change the sellers disclosure since the seller will now have facts about the open permits and illegal  improvement provided by an government offical. The buyer on the other hand will not buy into something and later find that 50% of what they bought is illegal and needs to be removed per the local Building Department. The last thing data collect by the local governments should help both the local governmant agencies as well as the real estate industries.

Feb 29, 2008 12:46 PM
Alisa McKeel Willson
Appraisal Pros in Texas - Huntsville, TX
Certified Res. Appraiser

Janet, you make some very good points, especially about the tax ramifications.

I appraise in the Bay Area and Central Valley and I see many illegal additions and garage conversions.  In one area here in San Jose it is almost unusual not to find a garage conversion on every street.  There is no buyer resistance to them, in fact, they offer great appeal.  It all depends on the neighborhood.

 In this neighborhood I "may" assign some value (value in use, and not a lot)  to the property even without permits. Not as much as if it were permitted but some.  Of course my report will contain more comps with a similar addition than not and I do report what I find.

What worries me in this area are garage conversions which have illegal kitchens in them.  I have also heard of at least one instance where a property owenr was forced to tear down a non-permitted structure. I've not experienced any situation personally but I suppose it could happen...I wonder how many people consider that possibility?

 

 

Feb 29, 2008 02:12 PM
Ginger Wilcox
Sindeo - San Francisco, CA
In Marin, almost all cities now require pre-sale inspections.  Another way to get $$ from home sellers for the inspection fee and also for penalties for changes not permitted.  Homeowners in these cities better pull their permits or they will be discovered when they go to sell.
Feb 29, 2008 03:37 PM
Jason Gault
Real Estate One - Brandon, MI
Real Estate Agent, Ortonville, MI

I wish I could say that the city had the health and safety for those occupants on the top of their list, but the sad truth is many of these inspections are just a way for the city to grab more tax dollars. Here in Michigan, many municipalities are now implementing inspections for sale and rental properties. After witnessing a few of these 'inspections' I am ashamed to say they amounted to little more than a grab for cash. A proper inspection take hours and requires entry into attics and crawl spaces, etc. Buyers who are none the wiser are foregoing professional inspections on the basis that "they city already did an inspection." It is often disheartening for them when they found out that in general terms the city briefly looked at some surfaces and plainly visible items, but basically was there to measure square footage and 'inspecting' if there was a way to raise the taxable value. I have witnessed some of these inspecitons that last 10 minutes or less.

I am also shocked to find out that in a country where there is a home depot, menards or lowes on every block that city officials are 'surprised' that so many unpermitted upgrades take place. And, these inspections don't even begin to address the remodeling of existing, permitted square footage. I would be interesting if they would let us inspect their homes...I wonder what we would find?

Mar 01, 2008 01:10 AM
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender
Speaking of kitchens...apparently what makes you have a separate "unit" in our county is a kitchen. So you see many swimming pool "cabanas" that have a whole kitchen built with counters and cabinets. The minute the permit is signed off, in go all the appliances. The minute the house is for sale, the appliances are gone. Everyone just winks and looks the other way, and the game of musical appliances continues.
Mar 01, 2008 02:47 AM
Alan 'AJ' Nisen California Contra Costa Mortgage Officer
A Large Bank in America - Lafayette, CA
Janet, I had this topic on my Future Post list.  You did a great job with it. AJ
Mar 01, 2008 07:18 AM
Anonymous
Rich Dorman

We are looking for a home in the Vallejo, CA area.  Many of them are foreclosures that were built in the 40's and 50's and many of them have various kinds of improvements that do not show up in an ETrakit permit search.  Many of the improvements look to be 20, 30 or 40 years old and range from covered patios to room and outstructure additions.

If you buy one of these and it is later discovered by the authorities, is it likely the improvement would have to be "removed"? 

Is ETrakit always a reliable source of permits issued?

Thanks to anyone who can provide some information.

Apr 03, 2008 02:18 PM
#10
Janet Guilbault
Platinum Home Mortgage Company - Walnut Creek, CA
San Francisco Bay Area Direct Mortgage Lender
Rich, I am sorry that I know nothingabout ETrakit. Maybe one of the appraisers can chime in here. I will ask one of the appraisers I use tomorrow and post what I learn here.
Apr 03, 2008 05:19 PM
Sharon Simms
Coastal Properties Group International - Christie's International - Saint Petersburg, FL
St. Petersburg FL - CRS CIPS CLHMS RSPS

We have the same thing happening here in Florida. It can cause havoc with flood insurance as well, particularly if it's a ground level that wasn't legal living area. It's just like businesses - such as restaurants - that run on cash and may be avoiding some income tax, but then they can't use that income when they're applying for a mortgage.

Apr 05, 2008 02:39 PM
Meital Hochberg
propertytaxtrim.com - Santa Clara, CA

Wwouldn't it be nice if property taxes went down, instead of up?  I considered this a fantasy until I found www.propertytax.com  they appealed my property taxes and I saved thousands.I would recommend them.  Now I can afford that trip to hawaii, woohoo!

Feb 25, 2009 10:42 AM
David Salvato
David Home Inspection Service Home Inspector San Bernardino - Los Angeles, CA

I have seen more bad garage conversions than I have seen good garage conversions and I can spot ‘em a mile away. There is the typical 1-car conversion. There are the 2-car garages that are converted into 1-car and pulling half the garage sqft into the house. Better yet, garage doors still on the front and if you open them up you get a 6'-deep storage then a wall (that's just weird). Or garage doors still on the front but they do not open because there is a wall behind them. Oh, I have seen some weird garage conversions.

Sep 16, 2009 12:39 AM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

Yes, and then there are the problems where Seller did all the work, permits all finaled...and never changed in City/County records.

Jun 24, 2010 08:15 PM