Introduction to the Problem
Q: We bought a house a few years ago that has a converted garage, which the seller told us was done by the book. When we recently put in a shed, the town sent someone out to inspect it. The inspector noticed our converted garage and wrote us a citation. Now they are saying we need to remove the improvements and turn it back into a garage. Do we have any options? — Mary
Buying and owning a home can come with surprises. For some, it might be discovering an old plumbing issue; for others, a zoning or permitting problem, like an unpermitted garage conversion. While local regulations vary, the steps to address these issues follow a similar pattern.
Understanding the Citation and Local Regulations
First, stay calm and gather information. A citation from the town can feel overwhelming, but it does not mean you are out of options. Review the citation carefully to understand the violation and the applicable codes or ordinances. If anything is unclear, contact the town’s building or zoning department for clarification.
Most jurisdictions have the authority to enforce zoning and building codes, which may require removing improvements like an unpermitted garage conversion. Enforcement must follow the specific wording of ordinances, and courts emphasize that municipalities cannot exercise unfettered power.
Gathering Documentation and Seeking Professional Advice
Next, check your home’s records. When you bought the house, you should have received documentation about its condition, permits, or disclosures. Look for any mention of the garage conversion. If it was done “by the book,” as your seller said, you might resolve the issue by providing proof to the town. If no permits exist, it could mean the work was unapproved, complicating matters but not necessarily ending the case.
This is also a good time to consult a professional—such as a real estate attorney or a contractor familiar with local codes who can help you understand your rights, negotiate with the town, or find ways to bring the conversion into compliance. Sometimes, applying for a retroactive permit is possible, though it might involve inspections or updates to meet current standards.
Potential Outcomes and Necessary Actions
If the town insists that the garage be returned to its original state, you will need to do so. Be sure to document everything: take photos, keep copies of correspondence, and save receipts. Should you end up taking legal action against the previous owner for failing to disclose the unpermitted work, this documentation will be essential.
Conclusion
Dealing with an unpermitted garage conversion can be stressful, but there are steps you can take to address the issue. By understanding your local regulations, gathering necessary documentation, and potentially seeking professional advice, you can navigate this situation effectively. Remember, documentation and communication are key in resolving such disputes.
FAQs
- Q: What should I do first upon receiving a citation for an unpermitted garage conversion?
A: Stay calm, review the citation, and contact the town’s building or zoning department for clarification if needed. - Q: Can I apply for a retroactive permit for the garage conversion?
A: Yes, it might be possible, but it could involve inspections or updates to meet current standards. Consult a professional for guidance. - Q: What if the town insists on returning the garage to its original state?
A: You will need to comply, but be sure to document everything for potential future legal actions. - Q: How can I find a professional to help me with this issue?
A: Look for a real estate attorney or a contractor familiar with local codes. They can provide valuable advice and assistance in resolving the matter.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.Â
