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When in doubt, get a permit...or pay the consequences later.

By
Real Estate Agent with Alain Pinel BRE 01367196

It's a nightmare.

A few Alameda listings have gone on and off the MLS while buyers and sellers try to figure out how to get the sale to go through. The glitch? The city has flagged the properties as having unpermitted work. And unless the work is done according to code --- and this could involve removing the offending work -- the property undergoes intense scrutiny, and in many cases, huge fines, to resolve.

NOSY NEIGHBORS OR VIGILANTE CITY INSPECTORS?

The realtors are hearing horror stories of people who go to open houses or get flyers about properties, or vigilante neighbors who go to city to look up permit histories and records of expansion, etc.

I once received a call from a City Representative who asked me if my Sellers had a second stove in the expansion they did in the lower floor. We had so many permits for the work done --- but that didn't stop someone from reporting an "illegal" unit. And no, there was no stove. So we were in the clear.

WHEN IN DOUBT

If you're not sure, just do it. Get a permit. As they say, "You can't fight City Hall."

UNKNOWN REQUIREMENTS AND THEIR EFFECTIVE DATE(S)

Some Alameda building/code requirements are new and are unknown. For example, simple kitchen renovations that involve tiling the floor, refacing the cabinets, replacing the countertop, replacing appliances don't require permits, right? If they were done before 2007 --- perhaps. But the new 2007 requirements says that

"When any kitchen addition or remodeliing invlves the alteration, repair, move, demolition, or replacement of the countertop, cabinets, electrical, gas, mechanical or plumbing system (esclusind the replacement of kitchen appliances and fixtures), the new and/or existing electrical system shall be brought to full compliance with the current electrical code pertaining to kitchen electrical requirements."

The countertop? The cabinets? WHY?

I have an escrow that hangs in the balance because my sellers didn't get a permit for refacing their cabinets and replacing the countertop. The buyer is nervous about this "unpermitted" work.

AMNESTY PROGRAM. HELP?!

The sellers may look into the Amnesty program for help.

"Once the date of construction is established, the City can make a determination about whether or not the work was legal at the time of construction. Projects will either be approved or denied for amnesty; either way, at this point, the investigation fees are waived. Applicants with projects accepted for amnesty will pay an additional $210 inspection fee."

Remember...when in doubt, go to city hall and get a permit! The time and effort you spend now is a drop in the bucket compared to the hassle you will get if you don't.

Comments(6)

Sandra McCarty
Keller Williams - Southlake, TX
Sandy McCarty your Relocation agent for Iowa

Excellent advice my husband is a general contractor and he cringes every time he hears stories like this.  Just get the permit you will save yourself so much heart aches.  

Nov 16, 2008 06:54 PM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

Pacita - I see unpermitted work all the time.  Here is another problem, which I advise my clients buying a house with unpermitted work.  The work may not be insured, nor insurable!  When you buy the house, typically the insurance agent takes the policy coverage off the public record.  You may think that basement bathroom has coverage, when in fact it does not.  If the fan burns up and the house burns down, the insurance company is simply going to say there was no basement bathroom and therefore the fire is not covered!  It has happened here in Northern Virginia!  Then, what fun, you have a mortgage, but no house...

Some insurance companies are not covering work that was not permitted, or at least not done by a licensed contractor with billed receipts.  So, before you buy, check!

Nov 16, 2008 08:47 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

The best way to avoid litigation over homeowner renovations is to "get a permit". 

Anything to avoid litigation. 

Nov 16, 2008 09:51 PM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

Pacita, I don't understand the motivation of some neighbors who would go through the trouble of going down to city hall to look up permit records. If permits are required than like Nike says, "just do it." 

Nov 16, 2008 09:52 PM
Rich Ferretti
Rich Ferretti Real Estate - Charlotte, NC
ABR QSC Realtor/Broker, Charlotte NC Real Estate a

Permits are issued for a reason.... Don't do anything without a permit. Good Post Thanks Rich Charlotte NC

Nov 16, 2008 10:03 PM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

Sandy --- it is always advisable to get a permit. For far too long, people managed to get away with it. But more and more, the cities are cracking down on those who don't.

Jay --- good point about insurability. I have another property in escrow with an unsafe access to the basement, and that could cause problems with insurability.

Lenn --- I absolutely agree. The process of getting a permit may be a hassle and expensive, but not getting it is a lot more trouble and more expensive.

Richard --- I've heard stories of feuding or jealous neighbors who call cops on each other, turn each other in for one perceived infraction or another, etc. Yes, not everyone understands the word "neighborly."

Rich --- i agree. As real estate professionals, we should caution our clients about this fact of life.

Nov 17, 2008 03:03 AM