This Week's Question

October 17, 2005

By Nena Groskind

Q:  I am buying a parcel of land on which I plan to build a single-family home. Is it possible to obtain a building permit prior to the closing, or must I wait until after the transfer when I legally own the property?

A:  Not only possible, but essential. You can obtain a building permit based on a signed purchase and sale agreement if you have the landowner’s permission, and you should make that a condition of any offer you submit. Also make sure the agreement contains language making your commitment to purchase the land contingent on your ability to obtain all the permits you need to build the house you are planning to construct. Of all the discoveries you don’t want to make after the fact, few would be as distressing as the discovery that you can’t build your dream house (or perhaps, any house at all) on the lot you’ve purchased.