Selling a house with unpermitted work in Tampa Bay

Posted on October 14, 2024

Unpermitted work on your house can reduce your property’s sales value, create legal risks, and make buyers hesitant. Yet, with the right approach, selling a house with unpermitted work is still something you can do.

Whether you choose to get your house up to code or sell your house “as is,” here are some ways you can move forward effectively.

What is unpermitted work?

Unpermitted work refers to repairs, renovations, and alterations done to a property done without proper permits. Common examples of work that requires permits include:

  • Adding a sunroom
  • Adding new plumbing to a section of a house
  • Replacing a load-bearing wall
  • Installing certain outdoor features like swimming pools, pool cages, and some enclosed porches

Unpermitted work can cause various problems for homeowners, including:

  • Safety risks: Non-code-compliant work on a rental house’s electrical system, for example, could be a safety risk for tenants.
  • Legal consequences: Unpermitted changes can lead to penalties like city fines and lawsuits.
  • Insurance issues: Claims may be denied for damage that can be connected to unpermitted repairs and renovations.
Tampa house with unpermitted work

Understanding code violations

Codes for Tampa, Sarasota, and St. Pete can be found online, as can building codes for nearby Tampa Bay area communities.

The Florida Building Code is the main basis for building codes in the State of Florida. This code is based on model codes like the International Building Code and the National Electrical Code. Individual cities and counties frequently add local provisions as well.

Keeping up with building codes can be extra work for homeowners. The Florida Building Code changed its standards for wind- and impact-resistant windows in 2004. If you have a Sarasota house built in 1995, your windows might be out of compliance. The windows on your house might be able to be “grandfathered in” because they were up to code when they were installed. However, if your house’s windows were installed in 2005, never permitted, and fail to meet later standards, there is a chance you will have to get stronger windows if you want your house to be up to code before you sell.

Homeowners associations (HOAs) in Florida can make rules for homeowners. HOA rules can often cover paint choices, landscaping, and architectural features like decks. These should be consulted before making changes to your house.

Common unpermitted work and code violations

Major renovations without permits on Tampa Bay houses can lead to difficulties, particularly during a pre-sale home inspection. Some problems that have caused homeowners issues include:

  • Too small or large of an HVAC unit
  • A carport that encroaches on a neighboring property line
  • A garage apartment where unpermitted systems (water, electrical, HVAC) were installed

Is it legal to sell a house with unpermitted work?

Florida state law allows you to sell a property where unpermitted work has taken place. You will need to inform the buyer, however. A lack of transparency could lead to legal action, so it’s best to be upfront with potential buyers about unpermitted work on the property.

How unpermitted work can affect your home sale

Unpermitted work can make your house less appealing to buyers. If it comes up during inspection, you may need to fix the issue before selling.

Unpermitted work can also affect home insurance coverage. The Gulf Coast gets a lot of storms and hurricanes. If you install a skylight without a permit and the skylight blows off your roof during a thunderstorm, there is a chance that your policy won’t cover rain damage to your floor. Some types of unpermitted work may result in the cancellation of the homeowners insurance policy altogether.

What are your options if you’re selling a house with unpermitted work?

If you’re selling a house with unpermitted work, you can:

  • Apply for a retroactive permit: Applying for a retroactive permit is an option. An inspector will assess the work and either approve it or recommend further repairs. Retroactive permits may cost more than standard permits.
  • Fix the issue and obtain permits: The most straightforward way to resolve unpermitted work is to fix the issue and secure the necessary permits. Small problems, like replacing a few light fixtures, might be inexpensive. Larger issues, such as an unpermitted sunroom, may prove more costly to remedy.
  • Sell the property “as is”: You can sell the home without fixing the unpermitted work as long as you disclose it to the buyer. Selling an “as is” property to an off-market buyer in Tampa, St. Pete, or Sarasota might make your sale faster and easier.
  • Offer a buyer credit: At closing, you can provide a credit to the buyer, allowing them to fix the unpermitted work. This saves you the hassle of making repairs.

Common mistakes when selling a house with unpermitted work

Here are some things to avoid when selling “as is” with unpermitted work:

  • Failing to disclose issues: Not disclosing unpermitted repairs and renovations to the buyer can land you in legal hot water.
  • Making unpermitted updates while your house is on the market: While many sellers can be anxious to get their house in a condition where it can sell for a profit, an unpermitted job done incorrectly can hurt you in the long run.
  • Underestimating repair or permit costs: Be realistic about the costs of resolving major issues like unpermitted electrical work or foundation repairs.

We Buy Ugly Houses® buys properties with unpermitted work.

If you want to sell your house without fixing unpermitted work, reach out to We Buy Ugly Houses®. Our Tampa Bay team considers a range of properties, even when they have code violations caused by unpermitted work. We buy houses “as is” and do our best to give you a fast, no-hassle house sale.

Before you chase down a permit, let us take a look!

This blog is for informational purposes only and should not be considered legal advice.