How to Solve the No Building Permit Conundrum in Larimer County

By
Real Estate Broker/Owner with Elevations Real Estate, LLC www.BuyFortCollinsHomes.com

How to Solve the No Building Permit Conundrum in Larimer CountyUnfinished Home

You've just found the home of your dreams!  Even better, your offer has been accepted ahead of all the others!  Congratulations!  Your due diligence period begins and your inspector tells you everything looks good.  You've asked for any documentation in the Seller's possession relating to improvements done to the Property.  They have a few receipts for various projects they completed on their own but nothing major.  The basement is finished and the Sellers indicate it was finished by the previous owners.  The current Sellers didn't do a permit search for the basement build-out when they bought it - but you're thorough and want to know if a permit was indeed pulled for the additional bedroom, rec/theatre room, and spacious 3/4 bathroom that completes this perfect home.  You inquire with the local buildling authority and nothing appears in their archive except the original construction permit which indicated the basement was left unfinished.

StormCloudCan you feel the stormclouds gathering?  It's like all the sunshine has been snuffed out by a pall of cold, grey sleet.  You've heard horror stories of militant building and safety inspectors demanding holes cut in the drywall around every switch, receptacle and light fixture.  The ceiling has to be cut open to reveal how the copper tubing was run to supply the plumbing in the bathroom and... well, you get the picture.  Your dream home has just turned into a nightmare.

Aside from the simple uncertainty of whether the work done was completed by a licensed professional or not, of paramount importance to you and your family is their health and safety and whether the work was done to building code standards.  Who is liable if one of those systems fails?  Questions that would never have come up had their been a permit consume your thoughts and keep you awake at night.

Thankfully, Larimer County has taken steps to provide homeowners with options for situations just like this.  The Department of Planning and Building Services offers an alternative resolution to exposing concealed construction items.  It is called an  "As-Built Certificate of Observable Compliance".  It still requires inspections and certifications by licensed tradespeople as well as a Life-Safety Inspection by a Code Compliance Officer (see the Life-Safety Checklist here).  Yes, there are fees involved and time - but to be able to get the peace of mind that this As-Built Certificate can provide is priceless.  Check out the details at www.larimer.org/codecompliance

Please Note:  This information is for areas of unincorporated Larimer county where municipal entities do not have jurisdiction over building and safety permits and inspections.

Comments (32)

Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

I have found here is Destin, the city is most cooperative in terms of fixing the problem. Just have to fix it and move on.

Jun 06, 2013 02:37 AM
Scott W. Johnson
Marindependent Insurance Services LLC - Mill Valley, CA
Insurance Broker-Agent

I love the solution, I sure wish that Marin County California had such a program for buying and new house and letting you do this.   How sensible.

 

All the Best

Scott W Johnson

Marindependent Insurance Services

Jun 06, 2013 03:06 AM
Rain Silverhawk
Sandpoint Realty rain@lakeandhomes.com - Sandpoint, ID
208-610-0011 Sandpoint Idaho Real Estate Realtor

Kudos to Larimer county for a great solution to an old problem.  Great post for your buyers to see.

Jun 06, 2013 03:19 AM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

Chris,

Seems like a sensible local government there.  Sadly it's not the case here.  LOL

Jun 06, 2013 03:30 AM
Morgan Evans
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

This sounds like a very good win/win scenario for both parties involved.

Jun 06, 2013 06:11 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

In Nashua, the building department has an "after-the-fact" permit process.  It is very helpful for buyer and sellers and most of the time will keep the transaction moving forward.

Jun 06, 2013 01:25 PM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

I'd say almost all of the houses on Long Island have permit issues. Good that your town is working out this issue.

Jun 06, 2013 10:50 PM
Michael J. O'Connor
Diamond Ridge Realty - Corona, CA
Eastvale - 951-847-4883

This type of question comes up frequently in one of my markets which is known for it's "wild west" approach to pretty much everything.  In most cases, the buyers don't seem to mind the permit or unpermitted status as long as it "looks" like it was built properly.  I'm definitely going to check into whether this type of permitting process is available locally.

Great post!

Jun 06, 2013 11:39 PM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & Contractor

As a general contractor and real estate broker I've been very aware of "As Built" certs for years in my sphere of influence. That stated, howver, I've still seen building jurisdictions demand discovery in many instances where questions about a foundation, infrastructure or utility issue arises. While it's a big help it's not a cure all so I would never leave a client with a false sense of security. But it's certainly a big help and a step in the right direction.

Jun 07, 2013 12:59 AM
Travis "the SOLD man" Parker; Broker/Owner
Travis Realty - Enterprise, AL
email: Travis@theSOLDman.me / cell: 334-494-7846

Dang - "Common Sense" and "Real Life" in the Government.....what a RARE occurrence! CHERISH IT!! I'm glad that you have good people running things there.

Jun 07, 2013 01:47 AM
Chris Hardy
Elevations Real Estate, LLC www.BuyFortCollinsHomes.com - Fort Collins, CO
Northern Colorado Real Estate

Omigosh!  I am so humbled and honored by the responses to this post!  Thank you, thank you all for taking the time not only to read the post but to share your thoughts as well!

Jun 07, 2013 01:50 AM
Mary Sheridan
Keller Willliams - 1033 Hamilton Place,Johnson City TN 37604 - Johnson City, TN
Creative Marketing, Buyer Agency 423-943-7655

Even when there's a thorough inspection and everything seems fine, if a problem is ever discovered in an unpermitted and uninspected renovation, in TN the problem rests with the owner at discovery.   I suspect insurance implications are not good.   People want to save money by not having taxes increased for improvements; contractors want to save time as well as money.   People just sometimes don't understand what requires permitting and inspections and contractors don't always know or tell accurately.   With no ability to search the process by internet, if we want to check we're arousing the interest of the code folks, which doesn't make us popular with sellers, and buyers may not care enough to want to make an issue.  

 

Jun 07, 2013 04:21 AM
Kimo Jarrett
WikiWiki Realty - Huntington Beach, CA
Pro Lifestyle Solutions

I do exactly what Lenn, #5, does with every listing. Confirm and verify that any improvements visible were properly permitted by the state, county or city building departments.

Jun 07, 2013 09:52 AM
Chris Hardy
Elevations Real Estate, LLC www.BuyFortCollinsHomes.com - Fort Collins, CO
Northern Colorado Real Estate

So many great practices!  Thanks for sharing as this appears to be a common challenge across many jurisdictions and state lines!!  Mark, Michael, Richie, Debb, Betty, Bill, Scott, Rain, Wayne, Jean-Marie, Morgan, Joan, Jill, Michael, John, Travis, Mary and Kimo - you guys are terrific AR colleagues - thank you!

Jun 07, 2013 01:26 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

A few nights ago my neighbor commented on the old houses and really ancient barns around the community. He said "Isn't it funny that these buildings are still sound? After all, there was no government bureaucracy around in those days to demand a permit fee or to inspect the work."

I'm glad I live where I can still finish my basement, pour a cement walk, or construct a shed on my property without paying someone for permission.

Jun 07, 2013 05:16 PM
Chris Hardy
Elevations Real Estate, LLC www.BuyFortCollinsHomes.com - Fort Collins, CO
Northern Colorado Real Estate

Marte-  I think that speaks to the nature of how transient our society has become.  In the "olden days" when folks built a house or added on to a house, they knew they were likely going to live in it for the rest of their lives and wanted to make sure it would last.  Thanks for the comments!

Jun 07, 2013 10:59 PM
Patricia Beck
RE/MAX Properties, Inc., ABR, GRI, SRES - Colorado Springs, CO
Colorado Springs Realty

I don't think we have anything like that here, thanks for the interesting post.

Jun 10, 2013 01:37 AM
Mary Sheridan
Keller Willliams - 1033 Hamilton Place,Johnson City TN 37604 - Johnson City, TN
Creative Marketing, Buyer Agency 423-943-7655

I just noticed that I'd commented on this a while back.   It's an issue now in a situation where a property has been rented to someone who did a good bit of work and isn't happy they didn't get to buyer the house and won't provide any information about permits and inspections - which I suspect were not done.    I've done my best to educate the buyers and it looks like they want to go forward anyway, with a thorough building inspection and the seller making a lot of corrections with licensed contractors.    What else can we do?  

 

 

Jun 17, 2013 10:42 AM
Chris Hardy
Elevations Real Estate, LLC www.BuyFortCollinsHomes.com - Fort Collins, CO
Northern Colorado Real Estate

Hi Mary- If you haven't already checked the building and safety office for a list of all permits pulled - you could start there.  If I understand you corrrectly, the tenant did all the improvements on the house but then for whatever reason didn't end up as the buyer? 

The Seller could compel the tenant to provide all documentation since the Seller's lease may include a clause that prohibits improvements without Seller's permission.  The Seller would have cause to take legal action - not sure you want to go down that path - but a firmly worded letter from an attorney asking that all documentation be provided might be one way to strong-arm the info from the tenant.

It sounds like you have a seller that is willing to do the right thing - and the licensed contractors may have ways of exposing some of the work so that the building inspectors will pass the work.

It is a tough situation, for sure.  Hope this helps.

Jun 17, 2013 10:50 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

No permits is a problem. Around here the county records only go back to 2000. After the inspection turns out OK, Buyers use this issue to gain further conessions. They still want the house, just for a little less.

Dec 16, 2013 12:20 PM

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