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Updated about 2 years ago on . Most recent reply

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Ben Capone
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Unpermitted Multi-family Purchase Risks

Ben Capone
Posted

I am analyzing some multi family properties and one of the properties is a tri-plex with two attached units that are unpermitted. Assuming this is likely why the selling price is lower than expected. Does anyone have experience purchasing a multifamily property with unpermitted units? What are the risks here? Appreciate any feedback or tips. I think this property has some great opportunity but I don't know what the worst case scenario would bring here. This is in San Diego county for reference. 

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Dan H.
#1 House Hacking Contributor
  • Investor
  • Poway, CA
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Dan H.
#1 House Hacking Contributor
  • Investor
  • Poway, CA
Replied

My experience is the tolerance for unpermitted units in San Diego is location specific.  City Heights has so many unpermitted units that they likely exceed the legal units.  Other areas have a more strict enforcement.  If your property is in Rancho Bernardo, I would be concerned about the unpermitted units getting scrutiny and potentially get tagged.

Are both units unpermitted? The reason I ask is SB13 has text that would protect one unpermitted unit for up to 5 years if there is no health or safety issues with the unit. It is an ADU law and would expect that in that 5 year grace period that you would legalize the unit.

Good luck

  • Dan H.
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