By Barry Stone, Certified Building Inspector
Dear Barry,
When I added my master bedroom, I didn't
obtain a building permit. But all the work was done by a qualified contractor who assured
me that everything was built to code. Now I'm selling the property, and the buyer's home
inspector recommended that I apply for an "as-built permit" from the county. Is
this necessary, or will it stir up needless trouble with the building dept? Alan H.
Dear Alan,
Enlarging your home without a permit
violates the law, and sooner or later one must deal with the consequences of that choice.
For you, that time has apparently arrived. The legal method of last resort is to obtain an
as-built permit.
The as-built permit process is a form of
confession and repentance, whereby a homeowner may obtain absolution for past construction
sins, as it were. But beware: The degree of penance to which you may be subjected is
something to be considered before proceeding.
Many property owners, like yourself, have
avoided the standard building permit process when embarking upon additions. The three most
common reasons for such avoidance are: 1) The wish to make structural improvements, while
avoiding costly municipal assessments; 2) The fear of bureaucratic obstacles complicating
the process of construction and approval; 3) The knowledge that the intended construction
would not be approved under any circumstance.
A major concern with
"boot-legged" additions is the disclosure requirement when selling the property.
For those in this position, inspection, correction, and municipal approval are the only
procedures by which construction can be legitimized. But before commencing this ominous
process, understand that, once initiated, you have no choice but to continue for the
duration. If repair requirements become too costly or complicated, you have no choice but
to proceed. The as-built permit cannot be canceled. It is somewhat akin to a roller
coaster ride: Once the wheels begin to roll, it's too late to reconsider.
To the uninitiated, this may resemble a
dark tunnel of unpredictable terrors. As the process unfolds, you may be required to
expose internal portions of the construction for inspection and analysis. This could mean
excavating sections of the foundation, opening walls, ceilings, and roof surfaces for
examination of the framing, water-proofing, plumbing, electrical wiring,
insulation, etc. Conditions deemed to be in
conflict with local building requirements would be subject to appropriate changes, and
upgrades could be very costly.
Furthermore, all fees applicable to new
construction, such as assessments for local schools, public sewer lines, etc., could
become due and payable. The possibility exists that the additions or alterations could be
judged inappropriate to the property and summarily disallowed. In such cases, demolition
or re-conversion could be mandated.
For a clearer perspective of the general
quality of your addition, as well as its overall level of code compliance, you can hire a
private building inspector for an independent analysis, prior to rattling the chains of
the local authorities. This will help you anticipate the degree of scrutiny likely to
engulf your sensibilities once the powers of the municipal inspector are invoked.
Dear Barry,
The home we're buying has a brick fireplace
with a gas log set-up; that is, a gas burner and cement logs. We'd like to burn wood logs
instead, to get some heat in the house, but we're wondering what problems this might
entail. What is your advice?
Jeremy
Dear Jeremy,
The crackle of a traditional log fire can
certainly provide a cozy and romantic ambiance to your living room. But contrary to common
belief, a masonry fireplace provides very little heat to the interior of a home. If you
stand near a wood fire, you will enjoy the warmth of radiant heat, but while this is
happening, the convection which draws smoke up the chimney is also drawing the warm air
from within your house, sending it in the direction of Santa Claus after the stockings
have been stuffed.
If you wish to heat your home by burning
wood, the best approach is to install a fireplace insert. Basically, this is a
wood-burning stove, specifically designed to be set into the combustion chamber of a
fireplace. To determine which insert model will fit your fireplace and provide the
greatest amount of heat per volume of wood, consult a certified chimney sweep.
Distributed by Access Media Group. For
questions please visit Barry at www.housedetective.com.
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