Permitted but not approved

DEAR BARRY: When we bought our home, the seller disclosed that the added bathroom was built with a permit. He even showed us a copy of it. After moving in, we learned that there were numerous plumbing and electrical violations and that the work was never signed off by the building inspector. How could this happen if the work was permitted? — Dan

DEAR DAN: The answer to this question involves a little-known fact. It is an easy matter to acquire a building permit. All you need is a set of approved plans and payment for the permit fees.

However, once there is a permit, it is up to the property owner or contractor to request an inspection when each stage of the work is completed. In most municipalities, the building inspector does not visit the property simply because a permit is on file.

It is not uncommon for people to take out a building permit and never proceed with the work. Building officials know this and therefore do not regard it as unusual when there is no request for an inspection.

Unfortunately, there are also cases in which an owner obtains a permit, completes the construction, and does not notify the building department that work has been done. In these instances, the owner can display the permit to interested parties, such as prospective buyers, and claim that the work was permitted. Buyers, such as yourselves, see the permit and trust that the work was officially approved.

The seller in your case appears to be guilty of false disclosure and accordingly should be liable for the costs of repairs to make the bathroom comply with applicable code requirements.

Whenever someone shows a permit for completed construction work, it would be accompanied by a copy of the signed inspection card. If the card is not available, the records at the local building department should be consulted.