Everything You Need to Know About Selling a House with Unpermitted Work in Massachusetts

How to Get a Permit After Work Has Been Done

Assess the Situation

The first step in obtaining a permit for already completed work is to assess the scope of the unpermitted work. This involves identifying all alterations, additions, and improvements made without permits. A thorough inspection by a licensed contractor or home inspector can help you to identify any unpermitted work. Hire a licensed contractor or architect to assess the unpermitted work and provide guidance on how to bring it up to code. They can help you prepare the necessary documentation and navigate the permitting process. You can visit the BBB or check the Mass.gov to check Home Improvement contractor registration lookup. Here is a guide to hiring a contractor.

Contact the Local Building Department

Reach out to your local building department to discuss your situation. They can provide guidance on the necessary steps to obtain permits retroactively. This process often involves submitting detailed plans of the completed work and scheduling inspections. A quick Google search would give you the answer or here are the ones for Revere, Malden, Chelsea, Boston, Winthrop, Lynn, Everett

Prepare Documentation

Prepare detailed plans and specifications for the unpermitted work. These plans should accurately represent the completed work and include any necessary corrections to meet current building codes. Gather all necessary documentation for the unpermitted work. This includes detailed drawings, plans, and specifications of the completed work. If possible, locate any original plans or permits that were issued for other parts of the house to provide context.

Submit Permit Applications

Submit the permit applications to the local building department. The applications should include all required documentation, such as plans, specifications, and descriptions of the work. Be prepared to pay application fees at this stage.

Schedule Inspections

Once the permit applications are submitted, the building department will schedule inspections to verify that the completed work complies with current building codes. Depending on the extent of the work, multiple inspections may be required.

Make Necessary Corrections

If the inspections reveal any code violations or deficiencies, you will need to make the necessary corrections to bring the building up to code. This may involve hiring licensed contractors to ensure the work is done correctly. After making the corrections, schedule follow-up inspections.

Obtain Final Approval

After all inspections are passed and corrections are made, the building department will issue final approval or a certificate of occupancy. This document confirms that the work complies with local building codes and regulations.

When a Permit is Required for Home Repairs

Common Home Repairs Requiring Permits

• Structural Changes: Any changes to a house’s structural components, such as adding or removing walls, require a permit.
• Electrical Work: Installing new electrical wiring, outlets, or circuits requires an electrical permit.
• Plumbing Work: A plumbing permit is required to modify or install new plumbing systems, including water heaters and sewer lines.
• HVAC Systems: Installing or replacing heating, ventilation, and air conditioning systems requires a mechanical permit.
• Additions: Building additions, such as new rooms or extensions, require a building permit.
• Roofing: Major roofing repairs or replacements often require a permit.
• Windows and Doors: A permit is required to install new windows or doors that alter the structure or size of openings.
• Decks and Patios: Constructing or modifying decks, patios, or other exterior structures requires a permit.

Minor Repairs Typically Not Requiring Permits

• Painting and Wallpapering: Cosmetic changes such as painting and wallpapering usually do not require permits.
• Flooring: Installing new flooring, such as carpet, tile, or hardwood, typically does not require a permit.
• Minor Plumbing Repairs: Minor plumbing repairs, such as fixing leaks or replacing faucets, usually do not require permits.
• Landscaping: Basic landscaping and gardening activities typically do not require permits.

How to Check House Permits

Contact the Local Building Department

The easiest way to check if permits have been pulled for work on your house is to contact the local building department. They maintain records of all permits issued for properties within their jurisdiction.

Use Online Permit Databases

Many municipalities offer online databases where you can search for permits by property address. These databases provide information on issued permits, including the type of work, status, and inspection results.

Review Property Records

Review property records, including title reports and previous sale documents, to identify any mentions of permitted work. These records can provide insights into past renovations and improvements.

Hire a Professional Inspector

A professional home inspector can identify unpermitted work and verify if the necessary permits were obtained. Inspectors are trained to recognize signs of unpermitted alterations and can provide detailed reports.

The Permitting Process

Determine Permit Requirements

Contact the local building department to determine the specific permit requirements for your project. Requirements vary based on the type and scope of work.

Prepare Permit Applications

Prepare the permit applications, including detailed plans and specifications of the proposed work. Ensure that all necessary documentation is included.

Submit Applications and Pay Fees

Submit the permit applications to the building department and pay the required fees. Keep copies of all submitted documents for your records.

Schedule Inspections

Once the permits are issued, schedule inspections at various stages of the project to ensure compliance with building codes. Inspections may be required before, during, and after the work is completed.

Make Necessary Corrections

If the inspections reveal any deficiencies, make the necessary corrections to bring the work up to code. Schedule follow-up inspections as needed.

Obtain Final Approval

After all inspections are passed and corrections are made, obtain final approval from the building department. This will ensure that the work is compliant with local building codes and regulations.

• Q: Can I sell a house with unpermitted work?
  A: Yes, you can sell a house with unpermitted work, but it’s important to disclose this information to potential buyers. Some buyers may request that the seller obtain permits before closing, while others may be willing to buy the property ‘as-is.
• Q: How much does unpermitted work affect home value?
  A: Unpermitted work can lower the home’s value, as it may lead to appraisal issues and increase the buyer’s perceived risk. However, by selling to an investor who specializes in such properties, you may still receive a competitive offer.
• Q: What happens if I sell my house with unpermitted work and don’t disclose it?
  A: Failing to disclose unpermitted work can lead to legal repercussions. Buyers may sue for damages, claiming that you misrepresented the property’s condition. This can result in costly legal battles and potential compensation to the buyer. Always disclose any unpermitted work to avoid future disputes.
• Q: Can unpermitted work be grandfathered in when selling a house?
  A: Generally, unpermitted work cannot be “grandfathered in.” Even if the work was completed years ago, it still needs to meet current building codes and regulations. Some municipalities may offer options to legalize older unpermitted work, but this typically involves inspections and potentially bringing the work up to current code.
• Q: How does unpermitted work affect a buyer’s ability to get a mortgage?
  A: Unpermitted work can complicate a buyer’s ability to secure a mortgage. Lenders often require that all renovations be permitted and up to code to approve the loan. If the unpermitted work is significant, it can lead to loan denial or delay the closing process until the issues are resolved.
• Q: Is it possible to get a retroactive permit for unpermitted work?
  A: Yes, it is possible to obtain a retroactive permit for unpermitted work. This process usually involves submitting plans to the local building department, having the work inspected, and making any necessary corrections to comply with current building codes. It can be a complex and sometimes costly process, but it can help avoid future legal and financial issues.
• Q: Can an investor buy a house with unpermitted work?
  A: Yes, investors often buy houses with unpermitted work, especially if they specialize in as-is properties. Investors like Ephesus LLC are experienced in navigating the challenges of unpermitted work and can offer a fair cash price without requiring you to make any corrections or obtain retroactive permits.

Success Story: Turning a Property Challenge Into a Win-Win Solution

We recently worked with a homeowner facing a difficult situation with their raised ranch. The seller had a legal in-law apartment but, after relocating during a market downturn, they finished two additional rooms in the family area to rent to college students. Unfortunately, these extra rooms were not permitted, which made it difficult for the seller to sell the property on the open market. After several failed attempts, including trying to sell the home as a For Sale By Owner, the seller contacted us.

We stepped in and worked closely with the seller to find a solution. Once the tenants were relocated from the unpermitted rooms, we were able to close on the property quickly with a cash offer. The entire process, including transferring the necessary documents, took about a month. After the sale, we addressed the unpermitted work ourselves, ensuring that the property met all legal requirements.

This was truly a win-win. The seller was able to get a fair price for the home without dealing with the headaches of making the repairs or navigating the legal challenges. We, in turn, were able to renovate the home, bringing it up to code, and eventually sold it to a new owner-occupant. This story highlights our commitment to helping sellers out of tricky situations and ensuring smooth, hassle-free transactions.