After The Fact Permit

Wallace 49

What is the general process for coming into compliance for a small room addition done over 20 years ago without a permit? The home in question is in San Diego County, CA. Thanks, Don

kbsparky

You would think that the statute of limitations would apply in such cases. If they could not discover the (illegal) work performed within 3 years, then the municipality should not be able to recover the lost permit fees?

Who is wanting "compliance"? Is the property being offered for sale, and not able to complete the transaction due to such bureaucratic paperwork missing?

Cole

What is not up to code in the house?

I am assuming something big needs to be done.

__________________
Tulsa's Leader in Outdoor Living Construction | Facebook | Tulsa Pergola Builder | Tulsa Outdoor Kitchens

boman47k

Change insurers and they do not want to insure the addition?

LNG24

I do quite a bit of this type of work being in Real Estate. Many of the agents use me to get their listings Co'd as well.

This is what I can tell you from Personal Experience:

EVERY TOWN IS DIFFERENT.
EVERY INSPECTOR IN THAT TOWN IS DIFFERENT.

I'll give you an example just two weeks ago. Two house on the same street. Owned by relatives. They are both selling and moving South. Owner A had a deck built by a contractor 15 years ago. Owner B copied the design and built it themselves.

I drew up the plans to file for the permits. (thats the first step)
I scheduled the inspections. (second step)
Inspectors come out on two different days. Two different inspectors.

Now remember the decks are Identical above grade. Owner B used sono tubes and went down 37" (or 5" eroded off the top). Owner A's contractor stuck the posts into the ground and poured cement around it.

Both decks have the spindles spaced 8" o/c

We have to uncover the footings and prove they are done properly and go down 42".

OK, Inspection on "A" Footing Fine, but rail height is too low. Add 1" and add joist hangers.

Inspection on "B" Footings fine, but spindles are too far apart. Stairs have one tread w/6" rise the rest are 8". Fix the stairs and Spindles.

So there you have it. The same town, the same deck and two entirely different conclusions.

What I tell the homeowners is that when you are going for a CO for a pre existing and illegal structure (since you did not file for permits) You are at the mercy of the inspector! What ever they want THEY GET!

Some towns don't require us to dig the footings, some towns will issues a fine agains the homeowner. Some inspectors will make us open the walls.

So you have to just see what happens. And remember, DO NOT FIGHT THE INSPECTOR. They have the POWER to force the structure to be removed entirely!


GOOD LUCK

LNG24

Its not about lost Permits. There is Lost Property Tax, Lost School Tax and the worst part, No way to insure the structure is Safe!

Do you know the a town official CAN NOT go on your property Uninvited? So how can they even know about it? Maybe in a town or city, but never out in the country. There are come homes you can not even see except by air. How could they possibly know about an illegal addition or even house being built.

Better than a Statue of Limitations, conside this. Any work done without a permit is a violation of town code and therefore you can be fined, arrested or required to remove the structure.

tinner666

Here, they overfly the city and compare photos every 2 years. It's hard, but things can get done without them finding out. 2 year statute.

__________________
Frank Slate Roof Repairs, Richmond, Va.

Wallace 49

Thanks for responding everyone. The situation is that the owners do not want to have a problem when it comes time to sell the home. Everything that was done was done up to code. I know calling the building department and "Turning themselves in " is the first step. I would think that a homeowner who is voluntarily wanting to obtain legal status would not be treated as a criminal. Of course there may be fines and taxes owed. I guess my main question is how much grunt work is involved. Such as: Does a set of plans need to be drawn up? How much of the framing, foundation, or electrical needs to be exposed? I know this certainly differs everywhere, but I am trying to get a general idea of what is average. Once they report themselves there is no turning back. They are an older couple,and are worried about the consequences. Again, at the time of building they were assured that all permits were in place, but have recently found out otherwise. Thanks guys, Don

LNG24

They will have to do this when they go to sell anyway so better off now!

You should make an inquiry to the town. We can not give you the correct answers because EVERYPLACE IS DIFFERENT! I can draw plans for any work up to $10k. Over that the twon wants a Stamped Set of Plans.

I think you will save yourself alot of time and get all the answers you need by paying the building department a visit.