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Ever bought a property, only to find out later that it contains unauthorized, illegal extensions? Here's what you need to know to prevent a nightmare scenario.
What constitutes illegal construction and how to prevent it
Illegal construction occurs when a building or part of a building is erected or modified without the necessary building permit or when it deviates significantly from the approved building plans. While each state has its own building codes, common projects that often slip under the radar without a permit include garden houses, equipment sheds, carports, and terrace roofing, as well as certain fences.
Here's a rundown of the most common types of illegal constructions:
- Hidden Rooms: Adding extra rooms, converting spaces like attics and basements, or building in hidden spaces without proper permits is a red flag.
- Renovations Run Amok: Major renovations, such as structural changes, electrical or plumbing work, and installing fixtures like kitchens or bathrooms without approval can be illegal.
- Unpermitted Additions: Even seemingly minor changes – like certain types of fences, sheds, or finishing work – can be illegal if they are supposed to require a permit but none was obtained.
- Safety Hazards: Illegal construction that fails to meet building codes, such as inadequate fire escapes, improper foundations, or unsafe electrical systems, can pose risks.
Where and when illegal construction is most prevalent
Illegal construction is more common in rapidly growing communities, regions with high housing demand, areas outside valid building plans, and in older buildings. It's also more likely in regions where self-help work is common or where building authorities don't consistently enforce all regulations.
How to protect yourself as a buyer
- Review Building Permit Files: Potential buyers can inspect the building permit file for the property at the responsible building authority to get a complete picture of all previous construction work and alterations.
- Look for Visible Signs of Illegal Work during property viewings, such as unusual construction methods, unfinished building documents, or structural changes that don't match approved plans.
- Hire a Professional Home Inspector to thoroughly examine the property and point out any potential issues you might have missed.
- Check for Contradictions in Documentation: If there are discrepancies between the information provided by the seller and the building permit file, it's worth investigating further.
- Consult a Real Estate Attorney: An attorney experienced in property law can help interpret local laws, review property documents, and advise on potential legal issues.
What to do if you discover illegal construction after purchasing the property
- Retrospective Approval: Try to obtain retrospective approval from the building authority for the illegal construction. Consult with an architect first to assess the situation and make a strategy.
- Make Warranty Claims and Withdraw from the Purchase Contract: If the seller knowingly deceived you about the illegality of the construction, you can withdraw from the contract or make warranty claims.
- When considering property investment, ensuring a thorough understanding of the local community policy regarding employment of licensed contractors is crucial, as their expertise can help prevent unauthorized home improvements and potential legal complications.
- To maintain a financially secure investment and a desirable lifestyle, it's essential to be aware of the implications of unauthorized home improvements on the property's value, and how they can impact your insurance coverage and future selling prospects.
- When venturing into home-and-garden or real-estate projects, always prioritize adherence to local employment and finance policies, as non-compliance could lead to costly repercussions and affect your property investment, as well as the safety and livability of your living space.
