Permitted and prohibited additions

[Brian Midden]

Hi everyone,

I have a pretty rookie question here. But how do you know if an addition is permitted or not?

If not, how do you go about that situation? What exactly does it mean? What things should I be concerned about? Does this affect buying or selling the home?

I know very little about this so any information will be great!

[Kenneth Garrett]

@Brian Midden

There are a few ways.  I always send in a FOIA (Freedom of Information request) request during my due diligence.  You can request copies of all permits for the project, outstanding code violations, zoning information, outstanding liens, etc.  The form can usually be found on the city website.  You can also call, but you don't want to expose yourself at the same time.  If its not permitted, you will need to call the building department and ask what steps you need to take and tell them you want to be in compliance.  You want to be cooperative.

Good Luck.  

[Brian Midden]

@Kenneth Garrett thank you that was helpful!

Now let’s say it’s not a legal addition and there is no way to make it compliant (not sure if that’s a thing) is there any issues with that? Or can I just not include it in the square footage?

Sorry if I sound like an idiot. Still trying to learn

[Laureen Youngblood]

In Oregon, if the square foot addition is not permitted you cannot include it in the property info for sale. However, if it is "living space" you want to be real clear as to your local codes for basic living safety.  Example, an unfinished basement or attic space that has had carpet laid down and been "finished" is a little different than an entire addition that has not been permitted.  Check your local resources for what applies in your area.  It will absolutely affect your resell.

[Kenneth Garrett]

@Brian Midden

I think there are a couple of challenges.  

1. Is the city going to make you remove it if it can’t become compliant.

2. If you have an unpermitted structure; that may cause some insurance issues in the event a claim was made that had something to do with the non permitted structure.

Maybe someone with an insurance background can comment on the non permitted structure.

As far as marketing the property for rent and square footage.  You can include it, but you know it’s not legal.

Good Luck.

[Brian Midden]

perfect. Thank you @Kenneth Garrett