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I live in Daly City (SF Bay Area) and I recently purchased a house with an unpermitted half bathroom that was converted in the back portion of a 2-car tandem garage. It looked like it was installed properly, but really there is no way of me knowing if it is up to code. I want to get the half bathroom legalized because I don't want to worry about any inspectors flagging it when I get electrical work or other permits pulled.

Does anyone have any experience in legalizing unpermitted work?

Thanks for reading!

Glorfindel
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stoiven.diy
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    Will probably depend on the local building/permit department. Can either be just paying for permit and inspection or total removal. Are you sure it was unpermitted, stuff like that should come up with buying/selling of house. – crip659 Dec 07 '21 at 17:52
  • Are you connected to a sewer system or septic tank and drainfield? – Lee Sam Dec 07 '21 at 20:41
  • What does the Local Taxing Agency have you listed as? What does your title company have you listed as? – Lee Sam Dec 07 '21 at 20:44
  • What was listed in the sellers real estate agreement? – Lee Sam Dec 07 '21 at 20:47

2 Answers2

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Start out by visiting your local permit and zoning department. They will instruct you on exactly what needs to be done. It will probably involve you applying for a permit as if you're doing the work now so you'll need a drawing showing the work to be done. You'll have to pay the fees for permitting and then an inspector will visit the site for code compliance. You'll have to correct any problems that he/she finds and then it will be approved after a final inspection.

JACK
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    Be certain you really want to do this, if you invite inspectors in to "correct/Flag" any issues it has relative to TODAYS code. It is possible that it met code for when the conversion was done, even though it was not properly permitted thought the city. As soon as you have it inspected you will be obligated to fix it. (ie electrical or plumbing issues). It may also affect your taxes...ie additional living space... – mark f Dec 07 '21 at 18:30
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If the work has been long completed you need to stop worrying about it. The worst thing you can do is call the local city and ask them to inspect it or something like that. Your best bet is to keep your mouth shut and assume that the person who sold you the house did everything correctly. If and only if it becomes a problem in the future, then you deal with it. Keep your mouth shut.

RibaldEddie
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  • This seems... sketchy. Can you offer some reasons _why_ ignoring it is the best course of action? – FreeMan Dec 08 '21 at 13:16
  • @FreeMan because there are potentially huge costs associated with an inspector’s whim. Unless the OP is willing to sue the seller of the house to recoup the costs, the legal fact of the matter is that the situation has nothing to do with the OP and isn’t their responsibility to fix. – RibaldEddie Dec 08 '21 at 15:51
  • Seems fair. Until this owner goes to sell the house and the next inspection is more thorough and discovers that the work was undocumented and he has to have it inspected and fixed then, possibly several years from now with even _more_ stringent and expensive code requirements to meet. – FreeMan Dec 08 '21 at 15:53
  • This _is_ entirely plausible. I did work on my present house many years ago when I first moved in. I _now_ know that some of what I did didn't meet code then and doesn't now. I'm planning on permit requiring updates next summer, and I'm pretty certain that I'll be _required_ to redo at least some of the work, and will probably do so anyway, knowing what I know now. – FreeMan Dec 08 '21 at 15:55
  • @FreeMan and the key fact here is that the liability should rest with the previous owner. If the OP is going down this route then they need to take photos of everything, document everything, get estimates on the cost to bring up to code and fix deficiencies, and lawyer up. – RibaldEddie Dec 08 '21 at 16:30
  • In general, in California, residential property is sold as-is with full disclosure. The owner has to inform the buyer of any modifications that he is aware of and if it was done with a permit or not. If the modification was done before the previous owner took procession, it would be perfectly "OK" to state that he does not know if the modification is code compliance. You can sue the seller and win only if he has knowledge of defects but did not inform you of the fact. Home inspectors in buying a home normally do structure, termite, dry rot type of inspections, (continue) – Programmer66 Dec 08 '21 at 21:48
  • not building code. The buyer can hide an inspector to do other types, electrical, plumbing, etc. because the buyer is paying for it. – Programmer66 Dec 08 '21 at 21:50
  • @Programmer66 I am not sure that not being up to code and defective are the same. That’s why I am suggesting the OP do nothing. Many / most houses are not up to code simply because the code changes over time. Plenty of 70 year old houses are warm and dry with safe electrical and functioning plumbing. But they are not “up to code” as of 2021. So the OP needs to stop worrying and realize that unless there are defects, such as a roof leak, it’s best to just let it alone. – RibaldEddie Dec 09 '21 at 01:08
  • RibaldEddie -My comment was directed to the posters that were talking about sueing the seller for defects. I actually in agreement with you. Unless there is something that is unsafe, I would just leave it along unless OP is willing to bear the cost of the possibility of having the modification removed or upgraded to current standards. – Programmer66 Dec 09 '21 at 02:29