What to do about occupancy permit violations?
I’ve asked this but will try to supply correct info (from previous answers I obviously didn’t):
Last May we purchased a 1985 house in MA, in known need of repairs.
We hired an inspector (not a friend), who we believe did a good job though didn’t find everything. He’s human we don’t expect him to be totally familiar with all 1985 building codes, or to be perfect.
Before purchase we paid for title check, etc (not a cheap house, weren’t trying to ‘save a little’ by risking such things). We did not ask at that time if the house had an occupancy permit. Since it is MA state law, we assumed so (as did the mortgage company).
After purchase we hired a gen’l contractor to do all needed repairs (and more). He got permits, etc.
We recently started process to convert to a conventional mortgage. The bank assessor verified all req’d work was complete, including verifying with bldg inspector office there were no open permits (probably via phone not in writing).
Construction office of mortgage co (not a MA company) asked for an occupancy permit but bldg dept said those are only granted for new construction and aren’t updated. So mortgage co wanted something in writing stating that. When asking bldg dept for this I suspect I asked it incorrectly. I probably said “something to show we don’t need an occupancy permit to live here” (which by law we do). I should have said “something to show we don’t need an UPDATED occupancy permit to live here” (which is what the mort co actually wants). Bldg dept clerk said “makes no sense, I’ll just fax original occupancy permit”.
She then discovered there is no occupancy permit – original building permit was still open. Req’d inspections not done. There were papers “in back of file” which were missed earlier (when bank assessor asked for open-permits and when contractor got new permits). Bldg dept had sent notices in 88, 90 and 91 notifying owners of being in violaton of MA state law (bldg dept gave us copies of all these records), so they were aware of it until then, but then let it drop.
I was told I am now in violation of MA state law, so paid the initial fee to get everything started to resolve this – basically inspections and complying with 85 codes. I actually WOULD like to ensure the house is safe.
NOW I am worried costly code violations will be found. We had a friend come who was an electrican in 85, who showed us some violations (ex: wires go across boards not along in basement). Gen’l contractor also believes the deck is probably in violation (though not familiar with 85 codes).
Our budget is way over already, I fear costly repairs will be required.
I’m trying to understand things BEFORE being told this since our mortgage is on hold and I want to resolve this quickly. NOTE: On hold because bldg dept wont write ANY letter until matter resolved now.
The bldg inspectors office now acts irritated with me, though I don’t see what I’ve done wrong. How was I to know there was no occupancy permit when it is their office that supplies this information, and they incorrectly stated there were no open permits?
Obviously they don’t care if I get my mortgage, but they won’t now give me what is needed. The mortgage co assigned this to someone else – who verified MA state law doesn’t do updated occupancy permits – and now says we only need something stating all recent permits are closed (they are!). Office says I should have them. But all I have are the original permits. Genl contractor says that is the procedure – notify office when work is complete, they can choose to come inspect (everything requiring permits was outside – floors and kitchen cabinets don’t require it). They probably stamp as complete, but nothing is sent to him. If there are problems, then he is notified.
My fears are partly based on the bldg dept appearing irritated with me. Maybe I’ve heard too many horror stories of problems a bldg inspector can cause by being extremely picky. My friends are warning me this could be costly.
Honestly I have NOT been at all nasty to bldg dept, making a big deal out of this. I agreed I’d do everything necessary and paid the initial fee with no complaints.
My initial feeling of “people make mistakes, no big deal” has changed since I fear costly expenses. Hopefully I’m wrong.
So as I see it, which might be totally untrue or not matter (thus this question) … there were MA laws broken by both the original owner (living here without getting an occupancy permit and ignoring notices they were in violation of MA state law). Also (maybe) by town bldg dept (from the docs I see the MA law states additional permits cant be given without the occupancy permit). Though I wouldn’t want to attempt to try to hold the town responsible.
So am I now responsible to bring this house up to code? If it is costly should I get a lawyer to make the original owners responsible?
Not sure it matters – original owners were both state pol
One Response
BLCOHEN529
30 Oct 2009
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Your MA. home requires a Certificate of Occupancy! This is not an unknown situation to find yourself. This is not an uncommon situation to the Building and Safety people either. They tend to work favorably with purchaser "victims".
Generally, you will be required to bring your home up to present standards.
1. You are responsible to bring the property up to Code requirements.
2. The town and all government authorities will have immunity from an law suits you might bring.
3. Check the paperwork with your real estate agent and determine if the prior owners (the sellers to you) made any representation that improvements were legally made. representing the home as having X bedrooms and Y bathrooms or covered porch may be a fraudulent representation if those rooms are not constructed according to code and they knew or should have been aware of construction defects.
4. This should be more time consuming and exasperating than out of pocket costly to resolve with the City and matters a handiman might complete. Be ready to negotiate!
5. If costs do become burdensome you do need a litigation attorney with real estate/construction understanding. This can be very expensive and your recovery of costs in MA. is doubtful. In this type of litigation, your Court is likely to make each side bear its own costs.