Building permits, Certificate of Occupancy

[Daryl A.]

Hey All,

So I am about to put an offer on a REO property. It is in good condition from the looks of it. Problem is and I'm not sure how to go about it is that the building has an "open permit" and no certificate of occupancy according to the listing agent.

It can be a 3 family but more a 2 family. The 1st and 2nd floors are 2 bed 1 bath kitchen and dining. Full basement. 3rd floor is 3 rooms that were turned into a bed/bath and kitchen, I wouldn't know if it would or can be legal.

If the offer is accepted which it looks like it would (cash deal at a good price and I have an end buyer to retail it to) how do I go a.bout getting the permits and CO's? I know once I lock down the contract I will get an inspector to check it out. I have to buy as is of course since its an REO, which will be my first one. What are costs for permits and COs in NY?

The goal is to keep it as a 3 fam but if I have to a 2 fam will do. Any info on this would be great and recommendations on good inspectors that can assist me with this once I lock the contract.
Thanks.

[Jon Holdman]

Yep, the building department is the one that issues permits. The can tell you what it will take to get additional permits. I've found that as long as you're trying to do things correctly these guys are willing to help you. Nevertheless, it can be stressful to deal with them.

The two family/three family question is one for the planning and zoning commission. They will have maps, maybe online, showing what's allowed where. They will show how many units are allowed in one building or on one lot. I'd start by checking that. You'll have to check their descrption of the zoning codes, since those are different in every area. In my area something like "R2" would mean duplexes are allowed, while a code of MF might be required to have a triplex. Some areas have nice brief descriptions easily available, be in some, I've had to go read the ordinances to figure out what they meant.

You can also check the country recorders and/or assessors records. Those may show a zoning code, too, and then you know whats really allowed.

I've seen LOTS and lots of illegal duplexes where the basement is converted. I've also seen numerous cases where a basement unit is added. I'm brutal in these cases. I start making phone calls and asking about the specific property and what its zoned or permitted for. I want to find out what the problems are before they become my problem.

Try searching around on the web. Some counties have good information on like, some almost nothing. Its often not that well organized and is sometimes very cryptic and can be frustrating. But its possible you can find some of what you need to know online.