Permit expired but not closed

[Kaustubh Johri]

Posting on behalf of a friend -


" I purchased a rehabbed property, six months back. I just discovered that the rehabber has not closed the permit before selling the property to me. The permit has expired but not closed.
I understand that open permits remain with the property, will it become my problem or can I pursue the Rehabber, for not closing the permit. What is the exposure of the rehabber and myself in such a case? "

Thoughts ? 

[Samuel Pavlovcik]

@Kaustubh Johri,

My first recommendation would be to reach out to the local building department and inform them of your situation. Many times you will be able to pay a fee and renew/extend the permit in order to finish up the work and close it out. I assume you do not have access to the same licensed trades that were previously on the building permit (i.e. Plumber, Electrician, HVAC, etc.) However, you may be able to update the same permit with new contractors, as long as they all meet the local requirements and get registered (if required) or as the owner of the property you may be able to "self perform" the work; however, that is typically limited only to owner/occupants. The other thing you will need to have is the architectural drawings and scope of work to be able to finish the project that was actually permitted.

Worst case scenario, the city could make you resubmit for a new permit, possibly meaning new drawings stamped by an architect, and all new licensed trades. A lot of city's will be pretty flexible and understanding of situations if you just reach out and try to have a conversation with them and ask them how to proceed to close out the permit. They will hopefully recognize that you are trying to do things in the right way, and hopefully provide a little leniency with this. Without the permit closed out, it is likely that they can legally keep you from determining the property to be "habitable"