Check building permits?

[CANative]

An SFR on a lot in a zoning district which allows SFR's is a legally permitted use (assuming the house conforms to the requirements).

Zoning requirements are contained in a published document. When in doubt, whip it out. Why is this such a difficult concept for some?

 

[Webbed Feet]

<.....snip.....> I don't know of any appraiser in this area who routinely checks building permits for this type of job (I am in an NYC suburb.)

I must then assume either you don't know very many appraisers, or the appraisers in your area were all trained by the same person. This later event I don't care to speculate on.

If it is outside of scope, how should I state this in the report? Seems to me that the lender should require the borrower to prove this if it is an issue. Thanks.

You see, the real problem here is you are coming to a forum, afterthefact, to ask all of us what the SOW was supposed to have been. But if I am correct, I seem to recall that USPAP says the onus is on YOU to have determined in communication with your client what the proper SOW should have been before you proceeded with the assignment, or during the course of the assignment if something unforeseen is discovered.

Paragraph one of the SofA & LC seems to say to me matters of a legal nature ... "except for information that he or she became aware of during the research involved in ..............................................." Gosh, by your own posts here I can see you certainly became aware of this matter during your research. Otherwise, how is it you know it now? Care to riddle me that one? You knew those additions were put on in the 1990s and 2000s. Funny, in MY area I would have instantly known there is no jurisdiction I work in where permits were NOT required to have built additions on a house during those years. I suppose we can try to play three blind mice with the issue and statement one, however I really do wish you luck on that one when you knew of the additions, if you knew permits were required for them, but you decided not to check while using CB1 anyway.

But... it certainly IS your E&O carrier's problem.. not mine..

 

[Webbed Feet]

An SFR on a lot in a zoning district which allows SFR's is a legally permitted use (assuming the house conforms to the requirements).

Zoning requirements are contained in a published document. When in doubt, whip it out. Why is this such a difficult concept for some?

And what if the requirements state that if alterations or construction is done that requires permits, but none are properly obtained and finaled, that the matter constituties a zoning violation? Not just a code violation?

Don't forget to whip it back in......

P.S.. OH! And what if the client actually has to have valid fire insurance for the lending process and loan? Versus invalidated fire insurance?

 

[CANative]

Webbed... You never know when a junior G-Man underwriter is going to ambush you with a childish demand for permit verification. Downey Savings ALWAYS demanded it so I would know without being told to have something ready for them.

This is a specific lender "overlay" and there is just no way of knowing in advance.

 

[CANative]

In most cases it's just a paperwork thing with a small penalty (twice the amount of the permit). If the improvements "look" funky (say a bedroom appendage that extends out of the building envelope or the bedrooms have no windows, or electrical connections consist of extension cords with multi-outlets) then do what you have to do.

The point is that getting or not getting a permit for a permitted use is not the same thing as building something that is not a permitted use.

 

[Webbed Feet]

Appraiser: Hello? Client?

Client: Yes, how are you today?

Appraiser: Fine.... Say, about 6663 E. KindaNowhere Place.... borrower Mr. Gotta Match Piromaniac .... during inspection I noted, and confirmed with Gotta, that two large additions were put on the house. Gotta stated in 1998 and 2003. It looked workmanlike, but when I asked Mr. Piromaniac if I would find records of permits if I looked, he seemed to get a little hot and wanted to know why those would matter. Then he said he wasn't sure but would put a match to it if he really had to find out.... What would you like me to do on this?

Client: Sparky, our underwriter, says those permits have to be confirmed as without them this loan could flame out.

Appraiser: I'd feel less consumable myself if we checked. Gotta mentioned doing his own wiring with his son Torchy. The fastest thing here would be my using CB4, use an EA all is well, but the "inspection" is the jurisdictional authority providing proof of permits for you. Mr. Piromaniac could send Torchy over to get the J.A. to send copies directly to you. How would that be?

Client: That would be absolutely a great suppressing way to blanket this hotspot for us. Thanks, we appreciate your help.

Appraiser: It's cool.

 

[Mike Kennedy]

http://www.town.new-castle.ny.us/index.php?option=com_content&view=article&id=87&Itemid=144

http://www.ecode360.com/?custId=NE0395

The position of Code Enforcement Officer of the Town of New Castle is hereby established to enforce the provisions of New Castle codes, rules, regulations, ordinances and local laws pertaining to zoning, building, plumbing, fire prevention, housing standards, littering, sanitation inspection activities, Article II and Article III of Chapter 111 of the New Castle Code relating to streets and sidewalks and §§ 73-5 through 73-8 and § 73-11 of Chapter 73 of the New Castle Code relating to garbage, rubbish and refuse, and such other areas as the Town Board may designate from time to time. The Code Enforcement Officer shall be appointed by the Town Board.

A. In addition to town police officers, theBuilding Inspector and the Assistant Building Inspector, the Code Enforcement Officer and the Community Service Worker are hereby designated as the persons authorized to issue and serve appearance tickets as provided by Article 150 of the Criminal Procedure Law.

Powers and duties of Code Enforcement Officer.

The Code Enforcement Officer shall perform the following duties and functions:
A. Investigate complaints of violations pertaining to local codes, ordinances and laws.


B. Patrol streets for evidence of unauthorized activities, structures and land uses.


C. Maintain records of inspections and follow up on violations to assure correction by those responsible.


D. Explain the requirements of local codes, ordinances and laws to property owners, building operators, tenants, contractors and the general public.


E. Correspond and meet with property owners, tenants and members of the public regarding violations of the local codes, ordinances and laws and time allowed for correcting deficient conditions.


F. Inspect properties and streets for compliance with permits granted.


G. Make complaints to the courts against persons not complying with the local codes, ordinances and laws.


H. Such other duties and responsibilities as the Town Board may assign, from time to time.

Fees for building permits and certificates of occupancy.

A. Building permit.
[Amended 4-22-1975 by L.L. No. 4-1975; 1-9-1979 by L.L. No. 1-1979; 11-10-1987 by L.L. No. 18-1987; 2-27-1990 by L.L. No. 10-1990]

(1) Except as provided in Subsection A(2) herein, upon the filing of an application for a building permit, there shall be a fee payable as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for valuation of work up to $1,000, for each additional $1,000 or fraction thereof and for renewal of a building permit.
[Amended 1-6-1997 by L.L. No. 2-1997; 9-10-2002 by L.L. No. 8-2002]



(2) Upon the filing of an application for a building permit for a new residential dwelling unit, there shall be a fee payable for residential dwelling units of up to 2,000 square feet of the sum of the gross horizontal areas of the several floors of the building measured to the exterior of the outside walls of such building, including decks, in an amount as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended. There shall be a fee for each additional square foot beyond the 2,000 square feet of the sum as calculated above, in an amount as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.
[Amended 1-6-1997 by L.L. No. 2-1997; 9-10-2002 by L.L. No. 8-2002; 1-13-2004 by L.L. No. 2-2004]



(3) Upon completion of the work, the applicant shall file with the Building Inspector an affidavit of actual cost, as computed in accordance with the rules of the Building Department, and shall pay any excess fee thereby shown to be due.


(4) In the event that an application for a building permit is not approved or if approved and thereafter abandoned, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced.


(5) Upon application for a building permit for any construction already begun or completed, an administrative fee shall be charged which is three times the rate applied to such application made in advance, but in no case shall the permit fee be less than a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for exterior structures, including, but not limited to, sheds, gazebos and decks, and a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended for additions or conversions. In determining the building permit fee, the Building Department shall estimate the cost of construction using current costs. In the event of any dispute, the applicant may submit bills, for construction as originally performed, or any other evidence acceptable to establish the applicant's basis for federal income tax purposes, and these shall then be increased in proportion to the increase in the consumer price index from the date of construction to the current date. The results of such a calculation will replace any other estimates made by the Building Department.
[Amended 3-10-1998 by L.L. No. 4-1998; 9-10-2002 by L.L. No. 8-2002]

B. Certificate of occupancy. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for a certificate of occupancy and for a temporary certificate of occupancy and for any renewal.
[Amended 2-27-1990 by L.L. No. 10-1990; 9-10-2002 by L.L. No. 8-2002]



C. Search of records. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for any search of Town building records.
[Added 7-8-1986 by L.L. No. 10-1986; amended 9-10-2002 by L.L. No. 8-2002]



D. Copy of building permit or certificate of occupancy. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for a copy of any building permit or any certificate of occupancy on file.
[Added 7-8-1986 by L.L. No. 10-1986; amended 9-10-2002 by L.L. No. 8-2002]



E. Letter for structures that predate Town records. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for a letter from the Town stating that a building predates existing Town records. This fee shall include the necessary search.
[Added 7-8-1986 by L.L. No. 10-1986; amended 9-10-2002 by L.L. No. 8-2002]

G. Statement of no violations. There shall be a fee charged as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for a letter from the Town stating that there are no violations. This fee shall include the necessary search.
[Added 9-10-2002 by L.L. No. 8-2002]