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• How Much House Can I Afford: 5 Questions You Should Answer Before Looking at Homes
• Fewer U.S. Homes Have Underwater Mortgages
• How to Get Approved for a Mortgage Modification Successfully
• Important Tips for First Time Homebuyers
• One of the Most Important Things To Do When Buying a Home

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Real Estate Law

• New Jersey and New York Real Estate Lawyer | Understanding the Importance of Hiring a Real Estate Lawyer for Your Real Estate Transaction | Staten Island Real Estate Law Firm
• Assistance for Purchasing a Home in New York City | Help With Closing Costs and Down Payments when Buying a Home in Staten Island, Brooklyn, Manhattan, Queens & Bronx
• Information to Consider When Buying or Investing in Foreclosed Properties
• 7 Questions to ask your Staten Island Real Estate Attorney Before You Sign a Binder to Buy a Home (Part III)
• 7 Questions to ask your Staten Island Real Estate Attorney before you sign a Binder or Contract (Part II)

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That House Has a Beautiful Deck, But Is It Legal - Part 1

WHY IS STATEN ISLAND DIFFERENT THAN OTHER BOROUGHS?

As an active real estate attorney I often get questioned about the legal status of decks. Buyers want to know if the deck is legal of not so when meeting with a clients one of my checklist items is about any additions made to the house. In the other boroughs deck permits are uniformly filed by homeowners. Unfortunately in my world of Staten Island residential real estate owners more often than not neglect to file for a deck permit which can lead to problems when trying to go to contract. Many sellers think that putting up a deck without a permit is like speeding, so if you don’t get caught it is not a problem. But while that may be true most times when he goes to sell the house this may not be the case as your buyer (and his lender) must agree to accept the deck without the permit or they can ask the owner to get a permit or take the deck down. Both options can kill the deal or will at least cost the owner money. Protect yourself by getting a permit before you put up a deck.

WHY DOES STATEN ISLAND HAVE SO MANY UNFILED DECKS

Staten Island has the youngest housing stock in NYC. With the building boom of the last 40 years Staten Island’s housing stock has population has increased tenfold. With all these new houses we have seen an abundance of decks without permits. The major reason for not having a permit is the time and expense in obtaining a permit. An architect or engineer is needed to determine whether the size or location of the deck raise an issue before filing for the permit. Usually a new survey is needed and the total cost of obtaining the permit can be $3,000 -$5000 above the cost of the construction so many homeowners decide to risk putting up the deck without the permit. Since the normal fine for getting a violation for an illegal deck is $250 many people say they would rather save the architect’s fee and risk the small fine. Since the DOB does not inspect decks unless an actual complaint is filed for the vast majority of homes it is a safe bet that no complaint will be made so the status of the deck does not become an issue until they seek to sell.