How To Check If a Home Has an Open Permit or Code Violation 

Open permits or unresolved code violations can signify incomplete or unauthorized work, which may result in fines, penalties, or expensive repairs. Buyers might inherit these problems, while sellers could encounter legal consequences for failing to disclose them. Therefore, it is advisable to verify whether a building has any open permits or code violations before buying, selling, or renovating. 

Additionally, open permits or violations can impact the value of a home and hinder sales, as insurers may be reluctant to provide financing or coverage until these issues are addressed. 

Why It Matters To Check for Open Permits or Violations?

Not knowing about open permits or code violations may lead to several consequences for a homeowner. Below are some of the potential issues that can result from not knowing about open permits or code violations:

• Failed Inspection: Every building has specific building codes and regulations it must comply with. These codes are designed to guarantee safety, functionality, and adherence to established standards. During a home inspection, inspectors verify compliance with current building codes. If any violations are found, the building will not pass the inspection. A failed inspection can hinder the issuance of a certificate of occupancy or permit closure, potentially delaying ongoing work in the building and impacting potential sales.

• Unexpected Repairs: Not knowing about open permits or code violations could result in significant repairs or other corrective work. Depending on the nature of the violation, the required corrective measures might involve partial or complete demolition and reconstruction of the structure. This situation can put a strain on the homeowner's finances, postpone occupancy, or diminish the property's value if a significant investment is needed. 

• Delayed Sales: Code violations can delay or, in some instances, hinder the sale of a property. Most lenders and buyers are cautious about properties with outstanding issues. Consequently, mortgage lenders frequently mandate that these unresolved issues be rectified before loan approval, as they could impact the property's marketability and insurance coverage. 

While most code violations may prevent the sale of a building, dishonest sellers may deliberately conceal these issues from potential buyers. 

Once the house is sold, the new buyer will inherit the legal obligation to resolve any outstanding permits or code violations, even if they were not aware of these issues before purchasing the house. 

If the violations result in unpaid fines, significant repairs, and unresolved disputes, the building may face liens, which could complicate ownership or future sales.

Start with the Local Building Department or Code Enforcement Office

Your local building department is the most reliable source for details regarding a building's open permits or code violations, as it serves as the primary authority responsible for issuing permits, conducting inspections, and enforcing building codes. As such, you can visit the local building department in the city or County where the building is located for inquiries concerning a building's permit status, history, and past code violations. 

Request Permit History or Open Violation Records

Your local building department maintains official records of all permits issued for construction, renovations, electrical, plumbing, and other work on a property in the city or county. These records include whether permits are open or closed. 

It also contains information about code violations. They are documented when inspections reveal non-compliance with local building codes. These records are stored in the department's database, tied to the property's address or parcel number.

Most building departments offer several options to view permit records. You can view permit history or open violation records by visiting the building department in person during business hours. Alternatively, you may contact the department by phone or email to request records. Note that email requests may require specific forms. 

You can also visit the department's website and search for sections such as permit records search or permit status verification. Enter the building's address, parcel number, and any other required information, then click 'Search.' Review the search result, which typically lists all permits and any associated code violations. 

What Information Do You Need 

To check permit records with your local building department, you are required to provide specific information about the property. This information can include the full address of the property, parcel number or Tax ID, property owner's name, and permit number.

Use Online Property Record Portal or GIS Tools

Some cities and counties allow the public to view permit records, including code violations, via online property record portals or GIS tools. These digital property and mapping platforms, managed by local government agencies, preserve property records that may include parcel information, zoning details, and sometimes records of permits and code violations.

Many online property record websites and mapping tools give you easy access to permit histories and records of code violations. When you select a property, you may see a "Permits" tab that displays both open and closed permits. If there are any code violations, you can find them in a "code enforcement" or "violations" section.

For instance, San Diego's SanGIS provides parcel maps with links to permit records through the county's building department.

What You Might See

When you search permit records using an online property record portal or GIS tool, you are likely to see any or most of the following information, depending on the jurisdiction and the tool used:

• Open permits 
• Pending permit application 
• Expired permits 
• Inspection results 
• Code violations 

Look for Red Flags in the Property's History or Listing

Before buying a house, always review the property's history or listing to see if there is anything unusual about it. Although what is deemed unusual can differ based on the context of the listing, indicators such as recent renovations lacking proper documentation, incomplete work on the property, or a seller's hesitance to share permit details are significant warning signs that there are open permits or code violations linked to the building. These concerns may indicate potential legal, financial, or safety issues for buyers and remodelers. 

Renovations, such as room additions, kitchen remodels, or electrical upgrades, typically require permits to ensure compliance with local building regulations. The absence of documentation implies that the work might have been performed without the necessary permits.

Similarly, unfinished work often signifies an open permit, as permits remain valid until the project is completed and successfully passes the final inspection. If the work is not completed or inspected, the permit remains open.

Furthermore, if a seller is reluctant to share permit documentation or discuss renovations, it implies they may be concealing unpermitted work, outstanding permits, or code violations to avoid responsibility or a lower sale price.

In several jurisdictions, sellers have a legal obligation to disclose any known problems, including unauthorized work or violations, to the buyer. Being evasive suggests a deliberate attempt to withhold information, which could result in legal conflicts after the sale. Hesitance may indicate that the seller is aware of issues that might complicate the transaction, such as penalties, liens, or necessary repairs.

Check the Seller's Disclosure and Title Report 

A seller's disclosure is a document in which the seller reveals any known defects, repairs, or issues related to the property, including structural problems, water damage, or work done without permits.

The disclosure must provide details about recent renovations, indicate whether permits were obtained, and list any known open permits or code violations. 

Reviewing the disclosure can help you spot potential red flags, such as unpermitted work or existing violations, which may result in repair expenses, safety risks, or delays in the closing process.

Ask for a Home Inspection and Permit Verification 

Before purchasing a new house, always hire the services of a private home inspector in the city or county where the building is located. These professionals can identify signs of unpermitted work, and that is not all. Some home inspectors can also help you verify whether a permit was obtained for work done in the building with the local building department. Some inspectors offer this as an add-on service.

What to Do if You Find an Open Permit or Code Violation 

Discovering an open permit or code violation when buying a house can raise concerns about financial, legal, and safety issues. Addressing these promptly and strategically is crucial.

First, use the property address or parcel number to request a full permit history and violation report on the property. Also, check for liens or fines on the property. 

Secondly, ask the seller to close the open permit or correct the violation before closing the deal. For example, they could hire a contractor to finish work and schedule a final inspection. 

Alternatively, you can negotiate a lower purchase price to offset the cost of resolving the issue yourself after the purchase. This is not always safe, especially if you are unsure of the actual permit fee and the specific code violation involved. 

However, if you prefer to resolve the issue yourself after purchase, first contact the building department to confirm the requirements for closing the permit.

FAQs About Open Permits and Code Violations 

Can I close on a home with an open permit?

Yes, you can close on a home with an open permit. However, this is usually dependent on the nature of the open permit, local regulations, and your willingness to assume the associated risks and responsibilities. 

Can a homeowner be fined for open violations from a previous owner?

Yes, a homeowner can be fined for open violations from a previous if the violations remain unresolved after the purchase. This is because code violations are tied to the property itself and not the owner.

How long do building permits stay open?

The duration a building permit stays open varies by jurisdiction. This is because local building departments set their own rules for permit expiration. Generally, building permits remain active for a specific period, after which they expire if the work is not completed or inspected. 

Who is responsible for fixing code violations before the sale?

Generally, the responsibility falls on the current homeowner, that is the seller. However, the seller can pass the responsibility to the potential buyer by lowering the purchase price to offset the cost of resolving the issue yourself post-purchase. 

How do I get an open permit closed or resolved?

To resolve an open permit, first, contact your building department to confirm why the permit is open and what is required to close it. Determine if the work tied to the permit is complete, compliant, or requires repairs to meet the current building code. If the work is incomplete or non-compliant, hire a licensed contractor to fix it and schedule an inspection. 

Can code violations affect insurance or refinancing?

Yes, code violations affect insurance or refinancing, as most insurance companies may charge higher rates to account for the increased risk, refuse to issue a policy until the violation is resolved, or deny claims for damages related to the code violation.