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How do Building permits or Lack Thereof Affect Appraised Values?

By
Real Estate Appraiser with Lanier Appraisal Service CR004373

Upon request of a fellow Active Rain Member, Patty Da Silva, I am passing along what I know to be the truth about Building permits and how they impact or affect the appraisal on a property.

http://activerain.com/pattydasilva

 

 

First and foremost, local, county and state laws differ to varying degrees. I am in North Georgia. Building permits are required to be pulled whenever you are renovating a home which will include framing, plumbing or electrical work. Also required to pull permits for new or replacement decks if they are more than 30" above the ground. FENCES, no permit is required. If you plan to replace just cabinets and counters in kitchens or baths, NO permit is required. Check with your local planning and zoning departments on when permits are required.

If someone finishes their basement or encloses their garage into living space a permit is required.

NOW, how does this affect the appraisal. I can tell you for a fact that I do not routinely, nor do my peers and colleagues check building permits to see if someone did have a permit pulled for renovations noted above. This is not the responsibility or the obligation of the appraiser to do this. They report what they see and observe and the lender will decide. 

FHA says they are not in the business of policing local government codes, etc. They want appraisers to look at the property and make sure that there are no obvious structural, electrical, pluming issues as well as look for any safety, saleability issues, etc.  

There are additions that are completed in the utmost professional manner with no permit being pulled and then there are additions that are for lack of a better way to say this..... CRAP!

We report what we see to the best of our expertise and ability and if it looks like a professional job we will state this in the report. We state that there was an addition, if we know the year we will state this, if we know a permit was pulled we will state this, if we ask and there was no permit we will state this.

The question is how many appraisers will ask if a permit was pulled. That is the million dollar question.  Other appraiser's out there tell me what you do and be honest!

In our appraisal reports there is a limiting condition statement that says we are not liable for legal matters that would impact the property now or in the future. So that tells me we are not liable for additions where permits were not pulled and they become a liability later. We are not the code police and we should not be expected to be unless the lender asks us to check into it for them.  

I have had heard of lenders and Fannie Mae telling appraisers that if a permit was not pulled on an ADDITION, not so much a finiished basement, that we are not supposed to include any of that heated square footage in the report. We can give it credit but it will not get the kind of credit it would as heated square footage. 

If there is an obvious addition, I will ask if a permit was pulled, if they don't know or they say no, I note it in the appraisal but I DO GIVE IT CREDIT as heated square footage (if it is heated area and not a screen porch, etc.) Unless the addition has not been constructed in a workmanlike or professional manor. Now I am not a builder or contractor, but if the addition looks just as good as the main living area or better, I am going to give it credit.....WHY?  Because the market will give it credit and that is what we are providing Market VALUE.

Realtors out there......correct me if I am wrong here, but I do not see evidence of buyers paying anything less that is measurable for an addition that looks great where a building permit was not pulled vs. one where a permit was pulled. Unless there are legal issues getting into a home where it could bite you in the back later,  I can see where someone may decide not to buy a home on that basis. But overall this does not seem to deter most buyers, at least not in OUR market. 

FHA does not require us to pull permits and they do not state that square footage cannot be counted if a permit was not pulled. 

So the best advice I can give to Realtors, Sellers and Buyers is if you like a home with additions/renovations, etc. have it inspected thoroughly to find out if it is structurally sound and meets code for the time in which it was constructed and if you like, find out what you would need to do to make it conform to CURRENT building codes. This is certainly NOT a requirement that you bring them up to code it is just something you may want to consider.

Realtors you may want to get copies of any and all permits done on a home you are considering listing so you can have if for potential buyers and the Appraiser to foresall any issues. If no permits were pulled. SAY NOTHING! Let the buyers perform DUE DILIGENCE and let the appraisers determine on their own if they are going to research permits or not. If they ask you about permits, by all means tell them the truth, and if you can have your buyer provide records of the work performed, receipts, etc. showing who the contractor or builder was so  the buyer can check these people out if it will make them feel better about the renovations/additions.

Finished basements, I would not worry too much about that, because as I said most appraisers are not going to be checking or asking if someone pulled a permit on this work, decks the same thing,  Kitchen and Bath renovations, I really would not worry about those either. Most people do NOT pull permits on this kind of work and most appraisers are concerned with the quality of the work, how it improves the value of the home and how it compares with the other homes which it would compete with, etc.

I hope this helps and I would love to hear from Realtors and other Appraisers in different areas to see how your locations differ and how you would handle this if you were appraising a home where no permit was pulled for additions, finished basements, enclosed garages, etc. 

 "We have many garage conversions here too. If they are poorly done it is a good bet that the appraiser will 

just treat it like a garage and not include it in the heated square footage. since it was once a garage it is easy to revert it back to a garage in the eyes of the appraiser. also most lenders want at least one comparable sale that has a garage conversion if the subject has one and it may be easier to overlook a bad conversion and consider it just a garage as there are more homes to compare it to. if i come across a good conversion I treat it like a finished basement and include it in the heated space. lender will decide  if they will accept this especially if i have a good garage conversion comp" 

 

 

Have a great weekend everyone! I hope this one is FEATURED as many people I am sure have the same questions. 

 

 

 

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Comments(18)

Broker Patty Da Silva Da Silva
Green Realty Properties® - 954-667-7253 - Cooper City, FL
Top Listing Broker

Mary,

Thank you SO much for your post. I really appreciate that you took the time to write about permitting issues. Here is South Florida, our biggest issue is unpermitted garage conversions and most of them are not done well so it is obvious that they were done without a permit. Thanks again Mary!

Jun 07, 2012 08:54 AM
John Pusa
Glendale, CA

Mary - Thank you for sharing detailed quality information on how do building permits or lack thereof affect appraised values.

Jun 07, 2012 09:10 AM
Broker Patty Da Silva Da Silva
Green Realty Properties® - 954-667-7253 - Cooper City, FL
Top Listing Broker

I re-blogged it and I also suggested it. Thanks again Mary :)

Jun 07, 2012 09:47 AM
Mary Thompson
Lanier Appraisal Service - Flowery Branch, GA
Lake Lanier Appraiser in North Georgia

Patty  

we have many garage conversions here too. if they are poorly done it is a good bet that the appraiser will 

just treat it like a garage and not include it in the heated square footage. since it was once a garage it is easy to revert it back to a garage in the eyes of the appraiser. also most lenders want at least one comparable sale that has a garage conversion if the subject has one and it may be easier to overlook a bad conversion and consider it just a garage as there are more homes to compare it to. if i come across a good conversion I treat it like a finished basement and include it in the heated space. lender will decide  if they will accept this especially if i have a good garage conversion comp 

 

Jun 07, 2012 09:51 AM
Mary Thompson
Lanier Appraisal Service - Flowery Branch, GA
Lake Lanier Appraiser in North Georgia

Thanks Patty!

Jun 07, 2012 09:53 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Very good explanation.  In my local market we don't see too many garage conversions, not sure why, but we don't.  I think we're very similiar with what needs to be pulled and what doesn't.  Good post and congrats on the feature Mary.

Jun 10, 2012 06:21 AM
Mary Thompson
Lanier Appraisal Service - Flowery Branch, GA
Lake Lanier Appraiser in North Georgia

thanks Carla!

Jun 10, 2012 07:05 AM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Dear Mary,

Lots of really good information for all of us to enjoy learning. I had a wonderful 30360 appraisal experience at the end of May and will have to share it with you one day.

Have a happy day -
Lynn

Jun 10, 2012 10:32 AM
John Elwell
CENTURY 21 Bill Nye Realty, Inc. - Zephyrhills, FL
You Deserve a Full-Time Agent, Not Reduced Results

Prices aside. Here as soon as the appraiser mentions an addition or some other modification that was done to the original structure, the bank DEMANDS to know if that work was permitted and they want proof. I had one on a mobile home on its own lot. The owners had finished off what was originally a basic Florida room. They put in AC vents, electrical outlets, insulation, etc. Luckily, our county has a site where I can access permits and I was able to find it and the proof that the county had inspected and closed out the permit. If I had not been able to do that, there would have been no financing OR possiblly the seller would have had to get the permit, had inspections done, and then have the county sign off, it if passed.

Currently I have a guy who wants me to list his home. Problem - he finished off his garage and made it into a bedroom. No permit of course. Will be a major headache and might cause me to not take the listing. Here in Florida, if you buy a home with an unpermitted modification (and that is assuming that the appraiser does not catch it, and they can't miss a garage that has been changed into a bedroom) they buyer assumes all future problems related to the unpermitted work. Theoretically, I suppose that could include an order from the county to tear out the work.

Jun 10, 2012 10:57 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Great post and worthy of reading!  It's interesting how buildings are entirely different in other parts of the country.   Have a great Sunday!

Jun 10, 2012 01:30 PM
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

In South Florida where I think permits are the toughest, I have gotten sellers to pull permits after the fact before closing because at the at time per the contract "illegal" was considered a problem in the title.  Additions that are not permitted could be argued as "illegal" just the same as a house that is zoned residential but altered to Accommodate  2 renters is really not a "legal" duplex.  In addition to lesser costs I had one seller spend $15k and another $30K to comply.

Contracts have changed and I am now is central florida where most agents are not tuned into the city requirements for permitting and think it is no big deal.  It should be for anyone representing a buyer.

Currently the latest version of the Florida "FAR-BAR" line 171 says "Seller does not know of any improvements made to the property which were made without required permits or made pursuant to permits which have not been properly closed."

If the seller did not in fact pull permits, or close them out...that changes what the seller swore to in line 171, not to mention the buyer is taking on the liability of unpermitted issues when they sell.

Contrary to custom, I do check permits and try to get seller to remedy...last month a seller pulled permits for new windows after contract...ironically they had to pull and re install half of the windows, because they were not installed properly.   I even got a bank to close out some open permits.  Listing agent did not "get it", claiming that was before the bank owned it... but the bank complied immediately...even calling the city themselves.  The problem stays with whoever is the current owner.

In some of the smaller town around Orlando the requirements are different and loosely handled by the "buddy system"...who you know or who you can smooze.

Thank you for a good post.

Eve in Orlando

PS: thanks also to #10 who does "get it".

Jun 10, 2012 09:53 PM
Mary Thompson
Lanier Appraisal Service - Flowery Branch, GA
Lake Lanier Appraiser in North Georgia

Mike & Eve

 

Yes it does appear Florida has some strick rules on building permits. But that is good for the buyers that many not be protecting themselves or the Realtors who may not be protecting their buyers. That is great that you go the extra mile and check those permits out so there are no surprises a the 9th hour. 

Jun 10, 2012 10:49 PM
Jesse Skolkin
Independent New York State Certified Real Estate Appraiser - Fresh Meadows, NY

Mary:

While most appraisers in the markets I cover would base appraised values on whatever the local markets accept, there are some lenders which have very specific policies on how appraisers handle unpermitted additions or conversions.

Jun 10, 2012 10:53 PM
Richard Glesser
North Country Appraisal Services - Gaylord, MI

Good overview of the permit "problem".  It provides another tier of liability which can be placed on the appraiser.  I have never searched or required building permits to validate alterations or additions.  Based upon FHA, VA, and RD appraisals, any improvements were required to meet safety and condition standards.  If it felt like you were walking on a trampoline when you crossed the porch, probably a structural problem requiring professional evaluation/certification.  It is important to remember the difference between appraisers and home inspectors.  Appraisers have basic guidelines which must be met for inclusion as livable square footage.  And I don't believe there is an appraiser out there who has not viewed improvements done by This Old House wannabes.

John's first example does bring up a more specific improvement evaluation as it relates to a manufactured home.  With the 1004C in 2003, all improvements, additions, and alterations are required to be noted.  This is based upon the fact that manufactured homes are engineered to meet HUD standards and such changes could compromise the original design and specs.

Jun 10, 2012 11:34 PM
Rob Spinosa
US Bank - Larkspur, CA
Mortgage Loan Originator, Marin County

Great, detailed post about a subject that can be a very gray area --- especially with appraised values coming in with the potential to disappoint.  Thank you.

Jun 10, 2012 11:54 PM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I have seen many more poorly done garage conversions than good ones. Permits for garage conversions are almost never pulled. At least one community in our area will only issue a permit for a garage conversion if the owner is also able to supply covered off street parking to make up for the lost garage parking.

 

The existence of a permit is supposed to be an indication that work was done to code with inspections done by city or county inspectors. Having said that, I have also seen some improvements made that were very well done but without the required permit.

 

If we know that is the fact, we disclose, we insist the seller discloses and we let the buyer decide whether they will buy or not.

Jun 11, 2012 10:07 AM
Marisel Nelson

Hello. I am a Realtor and am in the process of starting to have my unfinished basement done. Do you think it is absolutely necessary for me to permit the work being done in the basement? I will have licensed and insured companies complete the work.

Feb 08, 2022 10:41 AM
Mary Thompson
Lanier Appraisal Service - Flowery Branch, GA
Lake Lanier Appraiser in North Georgia

No for the most part the Appraisers look for workmanship quality and permits are not necessary for valuation unless for some reason in your state it is mandatory and the Appraiser happens to know that and makes mention of it in the report. I believe even FHA no longer requires a permit. Most Appraisers never ask for it but if they do and you say no, you can tell them you had it completed by professional contractors and they can see the quality of the work, so you should be fine.

Feb 14, 2022 11:40 AM