Q: I bought a house in 2002 with an enclosed patio. More recently, I was approved for a grant from my city to repair my home. A city inspector came out to assess the house for the repairs required through the grant, but I was denied the grant because the enclosed patio was an “unpermitted structure.” I followed up, but the city does not have records going back more than 10 years. Now, I must fix or remove the patio or face fines! Please shed some light on this. — Lyn
A: Homeowners are responsible for meeting the appropriate building code requirements for their property.
The building code is a set of rules published by your municipality that outline the minimum requirements to satisfy basic health and safety concerns. They concern the structure, electrical, and other systems in your home.
Depending on what is being built or renovated, the property owner must get the city’s permission, known as a “permit,” before the work is started. Your city will also inspect the work upon completion to ensure it meets the minimum requirements.
Whether a permit is required varies by location, with some areas requiring permits for almost everything, from cutting down trees to painting your mailbox, while other towns only concern themselves with significant work, like replacing your roof. Your city can provide you with specific information about required permits, which can typically be found on its website.
While it can be a hassle, the permitting process is not just a formality but a crucial step in ensuring the safety and legality of your home renovations.
Failure to obtain a permit when required can lead to penalties. This is considered a building code violation and may result in substantial fines and the removal of the renovation.
Sadly, I have advised numerous homeowners to repair or remove their sunrooms because they were constructed without permits or did not meet building codes.
This is even more frustrating when the renovation was done by one of the previous owners because the current owner must bear the costs of fixing the issue.
This problem can sometimes be avoided by reviewing the city’s permit history. The research may show a code violation or incomplete permit, raising a red flag.
Other times, what is not shown is the red flag. For example, since a permit is usually required for certain renovations like a converted garage or enclosed patio, not finding the appropriate permit is a huge warning sign that something is amiss.
Unfortunately, because you already own the property with the code violation, you will need to fix it. While you can try to work with your city to ease the burden, ultimately, it will need to be resolved.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.
