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Get thyself to the building department! If you don't, someone else will.

By
Real Estate Agent with Berkshire Hathaway HomeServices New England Properties Licensed in Connecticut

Permits and C.O.'s in Connecticut real estate transactions. 

A thorn in the side for many of us, home owner, real estate agent, home inspector, attorney, appraiser, loan officer, underwriter. The lack of a permit or certificate of occupancy can put the brakes on a real estate transaction faster than you can say "I sold my house".

In Connecticut it is the responsibility of the contractor doing the work to obtain the proper permits and certificate of occupancy (if required). But as a very smart real estate attorney pointed out recently, trying to track them down after the fact can be almost impossible.

The home owner would do well to make sure all is as it should be with the building department. After all, it will affect them in the long run.

But the field card says I have a finished basement and I am being taxed on it. Doesn't that mean it is legal?

In a word... NOPE!

Some people have the misguided idea that if the building department doesn't know about work that has been done on a home, they won't be taxed on it. NOT TRUE! That pesky tax assessor will tax you on what you have, they don't care if it's legal or not! They don't "speak" to the building department, they don't rat you out. They just want money for what is there!

If you have had work done on your home it is well worth a trip or a call to your local building department. Make sure the correct permits were pulled, make sure they were signed off on, and certainly make sure where needed a certificate of occupancy was obtained.

If you are thinking of selling your home this is a must. No permits, no C.O.'s can stop a deal dead in its tracks until you do what your contractor should have done in the first place. If you had the work done a few years ago and building codes have changed... well... you will have to get the work up to today's codes!

How is anyone going to find out there was never a permit for work done on my house?

Your listing agent should know, we visit the building department and see what is on file for the house. Comparing that to the list of work you have done on the house, we can advise you if something is amiss.

If it got past the listing agent, the buyers agent might be the one to figure out that deck doesn't have a permit. They also visit the town hall to check on these things for their clients.

If not the buyers agent, the appraiser should be making a visit to the building department. They will certainly let the buyers lender know if something is amiss. And there are times when it shows up at the 11th hour and the attorneys have to be involved. No fun at all, at any step of the process.

FYI, the people at the building department won't bite. They will pull the information on your house, they will let you look at it, they will even go through it with you if you aren't sure of what you are looking at! You want to know all the proper permits were pulled for work done, that they are not still "open", that the town came back and checked on the work when it was finished. And where a certificate of occupancy is required, that it is in place.

True story... I had a buyer for a home a few years back. I went to the building department and found a curious thing. The 2 story cape was listed in the building department as a 2 story colonial, with no certificate of occupancy for the second floor! The poor seller was not guilty, the house had been through a few owners before him. But he had to jump through hoops to get the C.O. for the second floor, which had 2 bedrooms and a full bath! If I hadn't found it, the appraiser would have and it would have caused problems for sure. By the time the appraiser made it to the building department all was well. There was a certificate of occupancy for the ENTIRE house on file. Whew... crisis averted and just in time.

Even if you and Uncle Bob put that beautiful deck on the back you needed to obtain a permit for the work. And the building department needed to be notified when you were finished so they could come out and check out your fantastic work. Just to make sure it was up to code. And by the way, that wood stove you put in required a permit!

Litchfield County Connecticut Real Estate Information. Permits and Certificate of Occupancy in the real estate transaction.

Posted by

Andrea Swiedler, Realtor, Southern Litchfield County Real Estate

2017 President, Greater New Milford Board of Realtors

2017 Connecticut Magazine 5 Star Realtor

 

 Search homes for sale in Litchfield County, CT.

 

Coldwell Banker Residential Brokerage

Litchfield County Regional Office,375 Danbury Rd, New Milford, CT 06776

 

© Andrea Swiedler 2009 - 2017

 Always do right. This will gratify some people and astonish the rest. - Mark Twain

Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I run across this problem more often than I'd like to. Sometimes it's homeowners who don't want to pay for the permits, so they use a contractor who's willing to do work without getting permits. Sometimes it's a homeowner who did work on his own without checking County regulations. And sometimes it's a homeowner who bought a house without doing sufficiant due diligence. In the end, no matter how the problem comes about... it's a problem!

Sep 27, 2013 11:17 PM
Jimmy Faulkner
Florida. Homes Realty & Mortgage - Wantagh, NY
The Best Of St. Augustine

You have to verify everything before you put a home on the market. It will be found out and you will lose a sale if you do not do this properly. Problems do not go away as much as we think they  do. The bank will always catch it and besides you need it correct for a good appraisal.

Sep 27, 2013 11:55 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

its all fine and dandy until it is time to sell...then the "what happened" and "what needs to be done" kicks in

Sep 28, 2013 12:08 AM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Andrea, We run across this all the times, and the people are there, "No I saved the money but I did it to code"  What is wrong with some people sometimes.

Sep 28, 2013 12:27 AM
Suzanne Otto
Six Twenty Designs - Lansdale, PA
Your Montgomery County PA home stager

All to avoid paying a nominal fee. I hope home owners enjoy that addition or new deck they put on because it's not going to sell unless you do your due diligence!

Sep 28, 2013 12:31 AM
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

Each local agency does things a little differently Andrea. The contractor should follow through to make sure that the "final" has been secured; some areas require an extra step to be officially done.

Also, if the permit has expired, more paperwork and money will be involved.

Enjoyed your thorough post today!

Sep 28, 2013 12:36 AM
Barbara Altieri
Better Homes and Gardens RE Shore and Country Properties - Shelton, CT
REALTOR-Fairfield County CT Homes/Condos For Sale

Andrea -- Great post.  A few years back I asked the simple question to the seller, "Did you get a permit for this?" and while he answered, yes, it was not true. Very long story short --- He had to actually take down the deck, rebuild it, and do a number of other things that were all incorrectly done before the CO was issued. You have presented wonderful advice that will avert that '11th hour' madness!

Sep 28, 2013 01:47 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

The worst is when the appraiser does the homework and they flag something that isn't on the field cards or is different that what the cards describe. That can really mess up a deal

Sep 28, 2013 01:48 AM
Charlotte Luxury Real Estate
Keller Williams - Ballantyne Area - Charlotte, NC
Eli Magids

Hi Andrea,

   Very,Very good advice,indeed.

             Best,

             Eli

Sep 28, 2013 02:13 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Andrea I just talked to a lady who's husband built an entire room on their home and she wasn't sure he pulled permits. She had talked to 3 other agents before me and not one of them asked her about that room and permits.  She was really happy to know that was the first thing we needed to solve before moving forward with listing the home.

Sep 28, 2013 04:40 AM
Richard Daskam
eXp Realty - Signal Hill, CA
Your Real Estate Consultant

Most of our permits are now online, but its a good point.  Find out what ISN'T permitted up front, so you can get ahead of the ball.

Sep 28, 2013 04:44 AM
Jack Mossman - The Nines Team at Keller Williams in Stockton
The Nines Team At Keller Williams - Stockton, CA
The Nines Team at Keller Williams in Stockton

Andrea ... With so many municipal entities searching for additional dollars, this is becoming a much wider issue.  Some jurisdictions are adding "permit requirements" for things just taken in stride ... locally here,  that includes ceiling fan installations and fence repairs!  So even simple "do-it-yourself" projects may not be exempt from the permitting requirement.

Sep 28, 2013 07:54 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

It's so interesting to see how things are done in other parts of the country. In Sue-Happy California, a real estate agent would not DREAM of going to the building department to look up building permits because a) it's not our job and b) we could get sued for what we did not find while we were there.

Sep 28, 2013 10:04 AM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

It's practically a given that any house on Long Island will have certificate of occupancy issues.

Sep 28, 2013 10:41 AM
Rosie Crow
Serving Sugar Land, Richmond, Rosenberg, Missouri City - Sugar Land, TX
Exceeding Expectations. Delivering Results
This is an excellent post and touches on an important topic that should not be taken lightly. In response to Jack #16, I never thought about double checking to see if you need a permit for installing a fence. It is always a good idea to check with the local permits office to be safe. Like you said, even easy "do it yourself" projects may not be exempt from the permit requirement
Sep 28, 2013 11:17 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Andrea those pesky permits, how they can bite you in the donky if you don't have them.

Sep 28, 2013 01:17 PM
James Quarello
JRV Home Inspection Services, LLC - Wallingford, CT
Connecticut Home Inspector

I have found the word "closed" to throw many people. Permits are great, but closed permits are what you need. 

Sep 28, 2013 09:19 PM
Jared Garfield
Rich Life Real Estate Team - Buford, GA
Invest With The Best For The Highest Returns!

Very thorough advice, thanks for sharing.  Thank Heavens we don't have to deal with that kind of regulation in the Sunny South!

Sep 29, 2013 10:24 AM
Ann Hayden 636-399-7544
Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri - Des Peres, MO
SelectAnn.com

Andrea,

Very informative post.  Sometimes even if the permits are in place, the work is not up to code.

Ann Hayden in Wildwood, MO

Sep 30, 2013 01:55 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Any older home that has any sort of upgrades or additions in this area may have been done before there was even a building dept. much less records. Another reason to get a home inspection looking for issues.

Oct 04, 2013 11:20 AM