Selling a House With Unpermitted Work

There’s a certain satisfaction that comes with taking on a project yourself—hauling in the lumber, getting the job done with your own two hands. But when it comes time to sell that home, if the work you did—or had done—was never officially green lit by the city, things are likely to get a little more complicated. 

That said, don’t fret, you still have options. Whether you’re moving on from a house in Santa Cruz or putting your Boston home up for sale, you can sell your house with unpermitted work – as long as you do it the right way. 

What is unpermitted work?

Unpermitted work means any renovation, repair, or addition to a home that legally required a permit but was done without one. This could be as simple as a deck extension or as major as converting a garage into a bedroom or even adding a bathroom.

You might have bought the place with the unpermitted work already done. You might’ve done it yourself, figuring “good enough” was good enough. Either way, if the local building authority doesn’t have it on record, it’s technically not up to code—even if it’s built to last.

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Can you sell a house with unpermitted work?

Yes, you can sell a house with unpermitted work. There’s no law saying a home with unpermitted work can’t be sold. But there are steps, risks, and disclosures that come into play.

Here are the most common issues sellers run into:

• Disclosure requirements: You’re legally obligated to tell potential buyers about known unpermitted work. Trying to hide it is not an option.
• Lender hesitation: If a buyer needs a mortgage, the unpermitted work can spook lenders. They don’t like loose ends, and they definitely don’t want to loan on a house that could bring future liability.
• Appraisal problems: Appraisers often can’t include unpermitted square footage in the home’s valuation. That sweet basement bar you built? Worth zilch in their eyes unless it’s legal.
• Insurance risks: If something goes wrong in that unpermitted addition, insurance might not cover it. Something like an electrical fire in your DIY attic office will be entirely on you.

Assess the situation and document everything

Before you do anything, take stock of your situation in its entirety.

• Pull records from the city or county: Your local building department can tell you what permits were issued. If there’s no record for that second story or bathroom, it’s time to start asking questions.
• Get a contractor’s assessment: A licensed contractor can evaluate whether the unpermitted work was done to code—even if it wasn’t inspected. If it’s solid, you’ve got some ammo to reassure buyers.
• Find a home inspector: A thorough home inspection, even one you pay for up front, can ease buyer fears later. Think of it as looking up your route before a long hike—you want to know what’s waiting for you.

Should you: fix it, permit it, or sell as-is?

Once you’ve sized up the situation, you’ve got a few ways to proceed. None of them are pain-free.

1. Retroactive permitting

Some jurisdictions allow you to apply for a “retroactive” or “after-the-fact” permit. This is often the best route if you’ve done high-quality work and have the time to deal with local government.

You’ll likely need:

• Plans drawn up by an architect or engineer
• Inspections (which may involve opening walls or ceilings)
• Financial reserves to cover fees and possibly penalties
  

It’s not always easy, but retroactive permitting can help you sell with fewer complications.

2. Tear it out or fix it to code

In some cases, retroactive permits aren’t allowed or are more trouble than they’re worth. If the work is sloppy or dangerous, you might have no choice but to bring it up to code or remove it entirely.This costs money. Possibly a lot. But it can make the sale smoother and safer.

3. Sell as-is and disclose everything

This is the path of least resistance, and it’s legal—so long as you don’t intentionally hide anything. Disclose the work in writing. Spell it out. Be upfront and as clear as possible.

Buyers will still bite if the price is right or the work looks good. But you might limit yourself to cash buyers or investors who don’t need financing and are used to fixer-uppers.

Should you price a house with unpermitted work lower?

Usually, yes. Homes with unpermitted work tend to sell for less than similar homes that are fully permitted. Appraisers won’t factor in unpermitted square footage, and some buyers won’t want to deal with the extra risk.

That said, if the work is well done and visible, you may still get close to market value—especially in a hot market where buyers are willing to overlook issues. Just be prepared: every negotiation will likely circle back to the same question—“What happens if the city finds out?”

Unless you’ve resolved the issue beforehand, the answer is usually that the buyer takes on the risk.

Don’t skip the paperwork

Find a Redfin real estate agent who understands how to handle this kind of thing. You need clean, thorough disclosures. You might even want to consult a real estate attorney, especially if there’s a lot of money on the line or you’re dealing with serious violations.

Your goal isn’t to hide the past. It’s to sell your home honestly and avoid trouble down the line. 

You can sell a house with unpermitted work

Selling a house with unpermitted work isn’t a dead end—it’s just a tougher trail to walk. You’ll face more questions, more paperwork, and probably a few costs you didn’t see coming. But if you go into the process with open eyes and a steady hand, you can still successfully sell your house with unpermitted work.