by Andrew Getty
How important is it to obtain permits for any kind of work?
First, it’s the law. New York State and the Town of Webb both require building permits for structures.
NYS mandates building codes, energy codes, fire codes for all structures by use and the type of occupancy.
The town administers those codes and regulates land use, otherwise known as zoning.
Other agencies, such as the Adirondack Park Agency, Department of Environmental Conservation, Department of Labor and the Department of Health may also have some kind of permitting, which all depends on the nature of the work.
So what happens when work is done without the benefit of any permits?
Eventually it will catch up and someone will be responsible. It’s like bubbles in a glass of soda water; eventually the bubble gets to the surface and pops.
Who ends up being responsible, especially if the work was in violation of state or local codes?
The simple and legal answer is the owner. Even if the current owner did not create the violation, they would be responsible.
The sale and transfer of property does not absolve the new owner.
Nor is there any time limit or statute of limitations: A violation runs with the land until it is corrected.
Does the current owner have any recourse against the previous owner when violations are discovered?
That is purely a civil matter, one which neither state nor local codes will address, so the violation stays against the property. How the new property owners deal with that is up to them.
Definitely those parties need to consult with their attorney on those types of legal questions.
How come some violations can go undiscovered for years and years?
The Town of Webb is huge, the largest geographic town in the state; over 480 square miles.
Some properties are highly visible from the road, or the lake by boat; maybe even visible from another property.
When construction is seen by any code officer, and the proper permit is posted, we usually know that a permit has gone through the normal plan review and issuance process.
But to drive down the road and see a deck, gazebo, stone wall in the shoreline area, a dock, garage or any structure, and it’s been there for years, the code officer may not have any reason to search the history of that property to ensure everything is legal.
Sometimes when properties are sold, the prudent buyer (hopefully on the advice of an attorney) will ask for a statement of compliance regarding buildings, codes, use and occupancy of all structures on the property.
This will prompt the research of the history and an inspection of the property.
This inspection is not the same as a Home Inspection conducted by a qualified Home Inspector, although these are common practice and a good idea, they are not the same.
So the code office gets a call from a prospective buyer of a residential property seeking information relative to old permits, maybe information on the septic system, and asks for a site inspection to look things over.
The first thing is to pull the file on the property and look at the history of old permits on record.
Included are previous inspections, complaints, notes… whatever is in the file.
The next step involves visiting the property to see what is there.
Let’s say the file had only one old permit for the house and a garage… that’s it.
We go to the property and find a gazebo, a large detached deck, a shed, the entire shoreline built out with all kinds of vertical walls, another deck added to the house, docks along the shoreline, septic work… and no permits in the file.
If you were the buyer would you be a little concerned?
Just how long does it take for that soda water bubble to float to the surface and pop? A week, a year, ten years, maybe more?
Remember, no statute of limitation. And now opens a formal inquiry by both the Town and potentially the Adirondack Park Agency.
Neither the town nor the Park Agency creates these types of problems, but we have to deal with the mess.
The history of permits and work done properly cannot be expressed enough as to how important they ultimately are.