Tuesday, January 21, 2025
Q. We have an old home, built in the 1940s, that we just found out needs permits for a garage and a back family room. We don’t understand why we need this. The house was sold to us this way, cleared title, and we were told the garage was grandfathered in and the back room was “part of the house.” Why is it that if we bought it that way and it’s been there for so many years, it still needs plans, permits and, as we are finding out, a possible zoning hearing just to avoid fines? Are there rules about grandfathering over some period of time, like a statute of limitations or something?
A. No, there is actually no provision for grandfathering. When meeting with potential clients, we often check public records if we can’t find anything in the homeowners’ closing papers. The reason why this is missed is because, most of the time, a title company searches records but doesn’t set foot in the house. Also, because it’s rare to have anyone who is qualified to look at the house conditions to compare them with codes and records, things like your garage and rear addition are assumed and not confirmed.
Unfortunately, the conditions may need upgrading if they don’t meet current codes, although some building departments are more reasonable if you can prove the year of the work to them. Others will ask for windows to be changed to meet light, ventilation and fire escape requirements in bedrooms, or to have air conditioning units and basement escape wells addressed. It’s not unusual to need plans, a building application, zoning approval and, finally, a permit for the air conditioning condenser unit in your side yard, or for an escape well that restricts the only side yard available to get out of a basement.
I know that I’m saving people money and aggravation by explaining these things before they buy the house or do a new project, just because they’re aware of how to address the issue, but it’s rare to be asked, before a sale, to even look at the issues, because it would thwart the sale in many cases if this condition was revealed. It’s assumed that a title search is all you need, and yet I often find that in the process of doing the new project people want, we professionals get bogged down with the other things that create friction, delays and feelings of despair. It’s not unusual to hear people say they never would have started the project if they knew it was going to be this difficult, usually with the phrase, “can of worms” attached.
Depending on the need for a zoning variance, which in some municipalities can add many months to the process, you will need to have plans professionally generated by an architect or engineer, code, zoning and energy analysis to obtain permits, final inspections and certification. Good luck!
© 2024 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.
