This Week's Q & A

Q: I bought my house almost 20 years ago and have remodeled it slowly over the years, adding a kitchen, a full bath, a half bath, and a bedroom; installing a high efficiency gas boiler, adding a roof window, and installing new insulation in the walls and roof areas. I did virtually all of this work myself. Because I have an engineering background and have remodeled other homes in the past, I was confident that I could do the work competently and in compliance with the local building code, but I did not get permits for the work, nor did I have it inspected after completion. Now I’m planning to sell the house and fear that the lack of permits for the remodeling may be a problem. Are there any provisions for obtaining permits after-the-fact? I’ve heard horror stories about inspectors opening up walls, levying fines, and insisting on extensive and unnecessary repairs. Obviously, I would prefer to avoid that outcome if I can. What do you suggest?

A: Let me give you an official answer and a practical one. The official answer is, call the building inspector, explain your problem, provide as much documentation as you can of exactly what you’ve done, and hope the inspector will decide that the documents and a non-invasive inspection provide enough information to justify a certificate of inspection, affirming that the work was done according to code. However, understand that the odds are very much against you; it is more likely than not that your worst fears (ripped out walls, penalties, and extensive reconstruction) will be realized.

The pragmatic answer boils down to, “don’t ask-don’t tell.” Unlike real estate brokers, home sellers are not required to provide extensive disclosures to buyers. If a buyer asks specifically if you have done any renovation work, you should respond honestly but if the buyer does not ask, you are not required to disclose that information voluntarily. It probably is safe to suggest that you would not be the first homeowner who neglected to mention the remodeling secrets hidden behind their walls. That is why I advise buyers always to ask if a house has been renovated, and to insist on seeing the required permits. Fortunately for you, that is advice most people tend to ignore.

Unless there is some clear remodeling evidence that a buyer or a home inspector might notice, most buyers probably will not ask the question. The risk you run, and it is worth considering, is that the new owner at some point will encounter a problem related to the undisclosed and un-inspected renovation work you did. If that problem causes property damage or (even worse) personal injury, your liability could be extensive.