Unpermitted Addition

Profile picture for AyameJade

My husband and I are in a contract to purchase a home and during the home inspection it was revealed that the bathroom was added on without a permit.  Because this was not disclosed we asked the seller to try and get a permit after the fact.  We held off the FHA inspection until this was done.  We were told by the owner that the city told them the process would be up to 21 days.  On the 22nd day I asked our realtor if she had heard anything and I get an email back saying we need to read this letter she attached from the city and sign that we read it and agree with it.  This is what it says:

Dear Sir,

This application for a permit to remodel a Florida room and add a bathroom cannot be approved due to the fact that the project was completed three years ago, is not compliant with the 2007 Florida Building Code, and the proper inspections cannot be performed. The City of Largo Building Department will archive a copy of the unapproved as-built plans and acknowledges that this project is complete. No further action will be taken by the Building Department.

It makes me wonder what in the world was going to take 21 days.... this letter?  Also, will we still have an issue with the FHA inspection?  Will they accept this?  I don't want to pay for the inspection and lose more money on this house if this won't be acceptable.  Any advice will help!

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March 19 2011 - Largo

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This is just a suggestion and not legal advise. I would talk with the Largo inspector and ask what code(s) the addition is in violation of. Explain your situation and ask the inspectors opinion if he thinks it might pass an FHA inspection.

Another consideration is that when you go to sell the house, you will have to disclose that the addition and bathroom is not up to code.
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March 19 2011
Profile picture for the_country_hick
They are saying they can not give a permit as they can not see how it is being built. I would walk away from this house. You can go to city hall and ask exactly what it would take to get the house legal. It could require a complete tear down of the addition.

If they will grandfather the addition it could be fine. Since they will not I would walk away.
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March 19 2011
Profile picture for AyameJade
We really do not want to walk away.  We would have accepted the addition without a permit because my dad (and whole family) is a contractor who builds houses.  My family together has built more than 60 homes and each own their own construction companies.  So if the addition needs to be torn down and rebuilt, we are fine with that.  I just want to know if an FHA inspector will notice it or look into it.  And if he/she does, will this letter satisfy them?

Dawn
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March 20 2011
Dawn,  I would talk to other FHA lenders, attempt to contact FHA themselves, without specifying the property address, and pose the situation.  If it is still uncertain after researching whether it would pass FHA and you have no problem with the unpermitted addition because your family is in the building business, I would go ahead and have the appraisal.  It's a couple hundred dollars but worth the expense if there's a chance you can get the property you want and get an FHA loan on it.
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March 20 2011
In my market the FHA appraiser does not ask to see permits for additions or renovations.  Each market can be different.  I'd contact an FHA appraiser in your market and ask them the process they use to appraise the home.  Specifically ask if they require documentation on additions without revealing the property.

The letter from Largo seems to say they are making note of the un-permitted addition but are not taking further action.

In North East Pa un-permitted additions are common place.  To my knowledge FHA has not denied a loan because of it.  An unsafe addition is a different story.  Any unsafe or hazardous condition would be of concern to FHA.
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March 20 2011
 
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