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Real Estate Law

• Before Buying a Home Consider The Area at Various Times of Day | New York Homebuyers Advice
• New York and New Jersey Real Estate Questions
• 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

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Real Estate Law

• Buyer Closing Costs in New York: A Break Down of Title Bill
• 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)

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The House Has a Beautiful Deck, But Is It Legal? - Part 2

HOW DO I KNOW IF THE DECK IS LEGAL

In NYC when a house is completed by its builder it must pass several building dept (DOB) inspections to be issued a Certificate of Occupancy (CO). You can see most house’s CO by going on line to the DOB website www.nyc.gov/buildings . The CO will show that the house was legal when it was built but what if a structure was added after the CO is issued? The simple answer is that any structure which is attached to the house needs to be filed with the DOB including a deck. To insure that the home you are selling (or buying) is legal any add-ons including decks, pools, sheds and porches must be filed with the Department of Buildings (DOB). To legalize structures added after the CO a building permit must be obtained and signed off by an architect or the DOB. So if the CO search does not show the deck it is not legal.

WILL MY ATTORNEY TELL ME NOT TO BUY THE HOUSE

No, the lack of a deck permit probably won’t prevent you from buying a house but it can turn into an expensive item after the closing. If a violation is issued the owner must have a permit filed or remove the deck.

WHAT DOES AN ATTORNEY LOOK FOR

I look to see if there is a Certificate of Occupancy (CO) for the main structure but often I cannot tell if any items have been added after the CO was issued. I look at the engineer’s inspection and survey to try to determine if any structures appear. To insure that the home you are selling (or buying) is legal any add-ons including decks, pools, sheds and porches I want to see the DOB filing that was done to legalize any structures added after the CO. The legalization process entails filing for a building permit and having it signed off by an architect or the DOB. When my client is purchasing a house I have the title company do a title search includes searching for building department violations. If there is a deck violation you cannot close unless the violation is dismissed.

CAN I BUY OR SELL THE HOUSE IF THE DECK HAS NOT BEEN FILED

Yes, if no violation has been filed you can close but know the consequences. One of the major issues that arise in buying (or selling) houses is the legal status of the home. Is the house in compliance with building code and regulations? If it is not it becomes difficult to buy (or sell) as lenders require that the house have a CO. Without a CO it is almost impossible to get a mortgage but most times you can buy (or sell) a house that has a deck without a permit. This is because most bank appraisers give little value to a deck and if no violation is listed in the title search the lender will allow the buyer to accept responsibility for the deck. As a buyer you need to know what getting a deck violation means and having its consequences.