When is a house required to be brought up to code?

Question

I'm looking at flipping a house within City of Houston (this would be my first). It was built in 1952, no signs of code updates (electrical, smoke detectors, etc). If I'm thinking of doing a rehab on this property (it would be upwards of $20k) what things should I consider here? Any feedback would be awesome! I've got a few specific questions too...

• If I pull a permit to renovate this property, would I then have to update all the electrical wiring and everything as well to make it code compliant?
• Would I be required to replace old galvanized piping? My understanding is galvanized piping has a life of 50 years, and this house is almost to 70 years.
• Is there some sort of grandfathering clause that would allow me to leave some of this stuff alone?

I'm combing through residential codes right now to see if I can address some of my own questions, but I figured I should reach out to those with more experience to hear your take! Any comments/thoughts would be appreciated!

Thanks!

David Sisson · Answer

OH! a question I can answer!

Honestly - it depends on your local building code AND your local building dept/inspectors.

However, the code in my area has a 50% rule - if you are doing remodeling work that is more than 50% of the floor area, you need to deal with code issues throughout the building. In practice, this is difficult to ascertain - for example, if you gut the kitchen and bath, then do paint, patch, and flooring in the rest of the home, did you do 100% work, or 25%?

Then, there are a few areas that they can always require you to "bring it up to code". In my area, 3+ families always require hardwired smoke and CO detectors every time the property is sold.

What we are generally doing:

1) Anything that's new needs to be to code

2) Anything else needs to be "to code" on the outside, but not the inside. IE: no leaky faucet, but the old plumbing can remain behind the wall.

3) Lots of things get "grandfathered" on older properties regardless. In my case, this is usually the stairs and windows - which often don't meet current codes, but would be very difficult to replace.

In terms of your electrical and plumbing, I'd want to replace if the walls are opened up and the wiring/pipes are accessible. Your local inspector may require it. Example: some cities in our area allow you to reuse old wiring, others require it to be completely changed.

Remember - if you aren't planning on changing anything, you don't need to fix it, with a few exceptions (like the smoke detectors). Usually decorating (paint, carpet) is fine, and kitchen/bath the new stuff needs to meet code. If you have a serious safety violation you need to fix it.

When in doubt, talk to the building dept about what you want to do, and ask lots of questions.

Lynsey Dreis · Answer

@John Finch is this property in a flood zone?  In my area certain codes have to be followed when you are in a flood zone (especially in hurricane prone areas) There are rules in my area that if you touch a certain amount of work, you have to update ALL of it to be up to hurricane code.

i.e.  in my area if you plan on touching 25% of the existing windows you have to update ALL of them to be hurricane proof windows.

Also, make sure that you are following all of the FEMA substantial improvement rules in hurricane zones (if that applies) I am not sure where in Houston you are.  A lot of the times we get customers here in Florida who are completely unaware of these rules and it gets them into a lot of financial trouble.

Eric M. · Answer

I understand the concern and the expense. No one wants to have to spend lots of extra money.

But c'mon. You KNOW the piping is wayyyy past its life. You know the electrical is dangerous. You bought the house with these things readily known, or should have been known. Your purchase would have or should have had this expected expense built in. You buy a 70 year old house in original condition, you need to  replace electrical and plumbing....period. There is no grandfathering on safety issues.

If you do partial electrical or plumbing and try to cut corners by not pulling a permit, when you go to sell the buyers inspector is gonna see it and the jig is up.

How could you feel good reselling this house without taking care of these issues? Sometimes...hopefully more than sometimes...you gotta do the right thing.

Permit Guidelines

Mark Sewell · Answer

Get a bid from Fast Track Remodelling.  They will be expensive but they will get it done quick and ensure the permits are done correctly.  Even if you decide not to use them, you know will know for sure what you are up against.

Sam Shueh · Answer

Most upgrade on flip is cosmetic to get max bang for the buck. On plumbing-If it does not break don't fix it.  There are still cities with iron pipes from the 1930s that are still intact.

Marelyn Valdes · Answer

Don't just think about the code, consider what is required by insurance companies if you are flipping and the buyers get a mortgage.  I sold a house I had redone up to code, and the insurance 4 point inspection claimed I had the wrong brand of breakers (there are several brands that are unacceptable).  I ended up changing to another brand, but the old breakers were fine (I had rented the house for over a year with no problems) and were to current code.

Eric M. · Answer

Then great. Use this to negotiate a lower price and redo it right !

John Finch · Answer

@Eric Michaels I tend to agree with you. My question is mostly a hypothetical - I haven't bought the house and I go to see it later today so I can hopefully get a better idea of the condition of these things. This particular project was brought to me by a wholesaler, so to add value to the relationship I'd like to give specific reasons as to why or why not I decide not to pursue different deals.

Part of the question also just comes from a personal ignorance on my part - I'm curious if there's other things that I should be really worried about. Typically code won't allow the really unsafe things to be grandfathered in, which is why I'm looking for indicators as to what unsafe things from the 1950s I should really look out for.

Thanks for the comments everyone!

Austin Smither Langley · Answer

@John Finch, I'd get with an experienced contractor.  They should be able to provide insight into what is required and what is not.  You'll always need to perform due diligence as the flipper, but teaming up with an experienced contractor that can answer these questions for you would go a long way.

DM if you would like any contractor referrals.

Marcia Maynard · Answer

I'd start with a visit to your local reference librarian and also to  the City of Houston planning, building, permitting office. Find out what's required in your area. You don't need to tell them about your specific project at this point, just find out where you can get accurate information about this as you consider it for the future.

What you should do and what you're required to do may not be the same. Always put SAFETY first. What would be prudent to do? There may be different requirements for new builds, full-house renovations, or partial renovations of rooms or systems.  Find out what projects require permits and which don't.

When is a house required to be brought up to code?

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