Friday, November 7, 2025
Q. I’m trying to figure out what to do about the old construction on my house that I am being told needs permits before I can finish selling. First, I understand that I may have to pay a penalty, and second, I’m wondering why my buyer says they will take over and get permits after we close but their attorney says it’s a lot more complicated because we didn’t get a flood repair permit after Hurricane Sandy. What can you tell me about this? It seems much more complicated than it needs to be.
A. This is a typical case of “you snooze, you lose.” I regularly hear from people who tell me that their friends, contractors, even their attorneys, in some cases, give them “off the record” advice not to make waves, not to do anything. But the issues and requirements don’t just go away, and design professionals are held back from what you really wanted them to do, like an addition or a home makeover, many years later.
Waiting and ignoring the requirements has put you in a much more difficult situation. Since Sandy, the Federal Emergency Management Agency has required that people who received funding, whether directly from the federal agency or through public funds like New York Rising, had to confirm that the funds were put toward the repairs they were meant for. It’s just like providing your car insurance company the receipts and/or an inspection to confirm that the money they gave you for repairs was spent on the car, and not on some fraudulent luxury expense.
In 2013, your municipality required a repair permit, and instead of repeatedly contacting you, they opted to say that they notified you (once or twice), and now it’s your problem that you didn’t respond. The friction this created has lasted long after the memory of the flood turmoil has diminished. People feel ambushed, but arguing or passing on the requirement doesn’t make it go away.
In fact, one of the requirements is a “proof of loss” letter issued to the property owner, preferably the person who owned the property at the time of the flood. Switching to the next owner just complicates the process. Even though repair permits do not have a permit fee, most people made improvements during repairs, and your municipality recently doubled the fees for property improvements. So putting off the repair is now going to cost even more, which your buyer’s attorney might also realize while protecting the buyer.
When it comes to building department fees, one of the biggest municipalities, whose fees were more lenient, just raised them substantially. A couple who applied for permits in 2019, later hampered by the pandemic, saw their projected fees go from $2,000 to $4,600 this past month. Yes, it really did take that long, due to the pandemic and the stages of approval they had to go through, and they weren’t snoozing. Listen to the buyer’s attorney and follow through. Good luck!
© 2025 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.
