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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 3

WHAT SHOULD A HOMEOWNER DO BEFORE PUTTING UP A DECK

Before you put up a deck think about resale. If the deck is going to cost more than a minimal sum or add value to your home make sure you get a permit. If you don’t get the permit it will certainly add some drama to your sale of the house and may cause you to lose a buyer (if his lender says no deal) or have to pay for the architect at closing.

WHAT HAPPENS IF I BUY A HOUSE WITH AN UNFILED DECK

Usually nothing but if you are the unlucky person whose deck gets a violation it can become an expensive problem. When a client wants to by a house with a deck I explain that if your lender does not raise it you can buy a house but buying it as is does not make the deck legal. Closing merely shifts the burden of compliance to the new owner. If a neighbor complains and the DOB issues a violation it is now your problem to remedy.

WHAT IF I GET A DECK VIOLATION

If you get a violation it will contain a fine and a 30 day notice to either get a permit or remove the deck and restore the house to its condition before the deck was built. Leaving aside the issue of the fine, you will need to remove the deck or hire an architect. If you remove the deck, file an affidavit of compliance with the DOB and pay the fine the violation will be removed. If you want to keep the deck you will need to hire the architect and have him file the deck. Remember not all decks are allowed sometimes to get the permit it will be necessary to change the deck to comply with property setback or fire code regulations. So not only will there be a cost for the architect to file the deck but also additional construction costs may make the deck an expensive project.

CONCLUSION

Because many homeowners put up decks and fail to get permits many Staten Island real estate deals are made more complicated. While the seller says he has had the deck for years without a problem and he’s selling AS IS but as a buyer I want a deck to be legalized so I won’t have an issue in the future. It becomes a matter of negotiation. Remember you can buy a house with the deck but if you accept it you must be prepared to pay an architect to file for a permit of remove it.