Importance of Proper Permitting for Buyers & Sellers

I spend a lot of time at the city and county offices, for all sorts of reasons for both buyers and sellers.  It’s part of the process as a residential agent.

If you’re a seller, you should be getting permits for any work you do that requires permitting.  Most municipalities have permitting requirements online, easily accessible, and some even have the paperwork for requesting a permit online, too, making it simple to do from home.   Sure, it’s an extra expense and paperwork can be a bit of a hassle, but it makes your property more valuable in several ways, once you’re ready to sell.  First, it gives the potential buyer peace of mind.  Don’t underestimate how important this is.  When I go into a property with buyers and it’s clear work has been done that seems inconsistent with the rest of the property, my first thought is, ‘did they get a permit?’ and I share this concern with my buyers.  If you can show me that as the seller, you took the time to be sure you were in compliance with the law, buyers and their agents then reasonably assume the rest of the property is probably pretty well cared for and above board, too.  Additionally, work that was not done with a permit can often be a health or safety hazard, and that is going to get caught by a savvy home inspector, so it’ll come up again anyway.

If you’re a buyer why is this important?  You and your buyer agent should be looking for additions to properties, remodeling, finished basements, attics and garages as places to start. Looking at an old home but with a brand new kitchen perhaps?  This project probably needed an electrical and plumbing permit.  Unfinished basement now a killer man-cave?  Ditto.  Buyers should be aware that permits alert the county that improvements have been made, so that properties can be taxed correctly.  Not only is paying your fair share right (and if you feel like the assessment is too high, an appeals process is available), but it also helps catch deficiencies in safety, structural issues, potential problems with encroachments onto adjacent parcels and the like along the way.

Most sellers don’t have their permits or don’t keep them, so this requires leg work on the buying side.  While lots of municipalities have past permits now online for reference, some of them don’t go back as far as they might need to, so that means a trip into town.  Be prepared to spend a few dollars for copies, and some places may require a FOIA (Freedom of Information Act) application.  Be sure to start this process early so you’re not waiting for results that come after the inspection period.

Virginia’s home inspection addendum does not consider grandfathered code non-compliance issues as a material defect.  The building code is constantly being updated as measurements for safety, building materials, and installation approaches get better and better–a house that is even a few years old likely is likely not meeting 100% current-code standards.  This is why getting permits is so important.  As the rules change, sellers should keep up so that buyers and sellers both reap the benefits once a house is on the market!

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