Q: When I added my master bedroom, I didn't obtain a building permit. But all the work was done by a qualified contractor who assured me that everything was built to code. Now I'm selling the property, and the buyer's home inspector recommended that I apply for an "as-built permit" from the county. Is this necessary, or will it stir up needless trouble with the building dept?

 

A: Enlarging your home without a permit violates the law, and sooner or later one must deal with the consequences of that choice. For you, that time has apparently arrived. The legal method of last resort is to obtain an as-built permit.

The as-built permit process is a form of confession and repentance, whereby a homeowner may obtain absolution for past construction sins, as it were. But beware: The degree of penance to which you may be subjected is something to be considered before proceeding.

Many property owners, like yourself, have avoided the standard building permit process when embarking upon additions. The three most common reasons for such avoidance are:

1) The wish to make structural improvements, while avoiding costly municipal assessments;

2) The fear of bureaucratic obstacles complicating the process of construction and approval;

3) The knowledge that the intended construction would not be approved under any circumstance.

A major concern with "boot-legged" additions is the disclosure requirement when selling the property. For those in this position, inspection, correction, and municipal approval are the only procedures by which construction can be legitimized. But before commencing this ominous process, understand that, once initiated, you have no choice but to continue for the duration. If repair requirements become too costly or complicated, you have no choice but to proceed. The as-built permit cannot be canceled. It is somewhat akin to a roller coaster ride: Once the wheels begin to roll, it's too late to reconsider.

To the uninitiated, this may resemble a dark tunnel of unpredictable terrors. As the process unfolds, you may be required to expose internal portions of the construction for inspection and analysis. This could mean excavating sections of the foundation, opening walls, ceilings, and roof surfaces for examination of the framing, water-proofing, plumbing, electrical wiring,

insulation, etc. Conditions deemed to be in conflict with local building requirements would be subject to appropriate changes, and upgrades could be very costly.

Furthermore, all fees applicable to new construction, such as assessments for local schools, public sewer lines, etc., could become due and payable. The possibility exists that the additions or alterations could be judged inappropriate to the property and summarily disallowed. In such cases, demolition or re-conversion could be mandated.

For a clearer perspective of the general quality of your addition, as well as its overall level of code compliance, you can hire a private building inspector for an independent analysis, prior to rattling the chains of the local authorities. This will help you anticipate the degree of scrutiny likely to engulf your sensibilities once the powers of the municipal inspector are invoked.