Ask the Architect

‘Do we have to take care of any of these things?'

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Q. We purchased a home three years ago, knowing we wanted to make changes. When we started interviewing people, especially architects, we started hearing things we hadn’t expected about permits — or lack thereof, I should say. Two people told us our attic was illegal because it was finished with a bedroom. Same for our basement, which has a guest room and bathroom. We were also told that a record showed an open plumbing permit, and that we would need an electrical inspection. When we closed on the house, we thought all this was taken care of. If we bought it this way, why is it our problem? Do we have to take care of any of these things, since they have been there a very long time?

A. Unfortunately, you have to take care of any and all of the issues you described, plus any others you still need to know about, or roll the dice.
When a loved one is being treated in a hospital, I often hear about how someone had to be vigilant for that person, standing by, making certain observations so that the smallest health issues didn’t worsen. The same holds true for building sales, and only someone who is knowledgeable about the local zoning and building requirements, state building codes and structural issues can guide you thoroughly. Almost nobody is in that unique position, except an architect who works in the area.
Although some local architects have offered that service, real estate sales people and attorneys often don’t ask for this help. Most buyers mistakenly assume that zoning and building code issues have been researched by the title company, but title companies, when asked, often tell customers that details of zoning, construction and building permits, especially for internal building areas, are not part of their work.
I have this conversation almost daily with potential customers, and many are completely unaware of problems, potential delays and especially the costs they have not yet considered. Recently, after I explained the issues, a husband turned to his wife and said, “I’m not doing all those things — I just want this done.” And don’t we all! They hired someone else who tried to avoid the issues, and have now been turned down, because part of what they wanted to do was divide their home into multiple living spaces, which the local jurisdiction would never allow. So they spent a lot of money for none of the results. I even told them about areas that could accept what they wanted to do, just not this one.
So it may pay to get the consultation of someone who understands the many, many nuances of the building codes, the local zoning and the physical properties of the building, and who can guide you with a game plan. It can save you years of aggravation, lamenting over what you hoped to gain and thousands of dollars trying to achieve the unachievable. Or you can listen to confident, bad advice and roll the dice. Good luck!

© 2025 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.