Can I trust a building inspector?

Q. My parents’ home has a finished basement, and they got a violation notice. Does a building inspector have the right to go into their house? Is he going to look for other things? Are there other problems I should be aware of before I let someone in?

A. Do you have to let the inspector in? No. Not knowing the letter of the law, I’ve seen what happens when authorities think you have something to hide. If there’s reason to believe you have violations affecting health, safety or welfare, the officials can get a warrant from a judge, served by a police officer, to do a search, so you’re better off letting the inspector in rather than complicating the matter.

You may want to tidy up and make an appointment, but I’d advise letting an inspector do his job.

If you have nothing to hide, an inspection will resolve the issue. If you have a violation, the inspector may explain the problem, if you’re not abrasive or uncooperative, though some inspectors don’t articulate specifics of the codes (laws), suggesting instead that you get an architect to explain and prepare documents to resolve the violation.

In some cases you should get an attorney, since certain issues fall into the area of civil law and not just building codes — a neighbor putting a fence on your property, someone causing flooding by altering the yard adjacent to your property, etc.

Although an architect or engineer should be enlisted, the matter of criminal intent is not the purview of a design professional. I’m often contacted by people who have made matters worse by trying, unsuccessfully, to mislead their way out of a situation.

They’ve tried to avoid getting a permit, mainly to save taxes, and found themselves trying to hide obvious violations, often related to increasing income on the property, such as making their single-family home into a multiple-family dwelling. Low basement or second-floor ceilings, basement bathrooms or fireplaces, a vestibule separating the front door from the first floor to create a private entrance to the main stairs, a second kitchen or improper wiring can all be obvious signs of non-compliant spaces.

Even though we can often solve the problem together, it takes the communication and cooperation of the owner, the architect, the plans examiner and the inspector to bring about the solution. In some cases the owner is able to keep his alterations, either with compliant changes or a zoning variance.

The inspector can look for many things, so it’s best to get the architect in sooner, not later, to explain the options and help resolve difficult situations. Other common violations include air conditioning condensers in the side yard(s), finished basements, attics converted into bedrooms, swimming pools and decks. Since safety is the No. 1 goal, approach each issue from that point of view, contact an architect for a consult, and have a safe New Year!

© 2011 Monte Leeper
Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.