This problem arises all too often when an owner is about to sell a house and for the first time discovers that, after all the years of living in their home, structures in or changes to the home never had properly recorded permits and certificates of completion. The panic that usually sets in is disheartening, especially when the owner has a ready buyer for the home and is looking forward to a major life change. But searching for the guilty party is just another complication, and although you are right that some title insurance policies do cover this problem, not all closing papers are read carefully enough. In some instances, the title company has conveyed a policy, which you pay for, that protects them from being sued, leaving you to hope that they will honor the responsibility of correcting their oversight. I have seen, however, many instances in which a title company will not be involved in correcting the problem, has changed names or corporations, or simply did not offer to correct the problem in writing or by any other means.Correcting the problem involves obtaining documentation of the construction of whatever has been added to a home, whether it is a shed, a deck, a second floor, or any other change. This means hiring an architect or engineer, having the structure measured, drawn up, checked for structural stability and code compliance, getting the documents filed with a local building department, reviewed by a plans examiner and approved, getting the finished work inspected and, finally, the issuance of the proper certificate of completion. The entire process can take several months. Along the way, code compliance and structural questions can present the most difficulty, since they are too often neglected, making the building impossible to approve without additional construction to correct. The most common problems are foundations that are not deep enough, roofs that do not have the proper depth of material, windows that do not meet escape requirements, and many other glitches guaranteed to increase a hopeful seller's blood pressure. So even if a title company covers the costs of the permit, the time and possible loss of sale are not covered. I hope this information helps - and I hope you're just asking out of curiosity.Readers are encouraged to send questions to: HERALD Homes379 Central Avenue, P.O. Box 220, Lawrence, N.Y. 11559-0220Attn: Monte Leeper, architect.
