Permit peril: Will new owners have to restore converted garage bedroom to original use?
Q: We received a notice from our local building department informing us that our garage was converted to a bedroom without a building permit. The conversion was actually done by the previous owners and they disclosed this to us when we purchased the property. We never thought to ask them to apply for an as-built permit, but now we wish we had. Is this a serious problem?
A: When building departments become involved in permit violations, there is a potential for serious consequences. The degree of seriousness depends on a few variables. First is whether garage conversions are allowed in your neighborhood. In some locales, enclosed parking is a requirement. In such cases, building departments can order restoration of a converted garage at owners' expense.
If garage conversions are allowed in your area, the question becomes one of building code compliance. Sellers often tell a home inspector, "We did this without a permit, but it was all done to code!" - as if the sellers have sufficient code knowledge to make that determination.
The final arbiter of code compliance is the local building official who inspects the conversion after you apply for an "as-built" permit. This kind of permit authorizes a municipal inspector to evaluate unpermitted construction after the work is completed. Issues that commonly arise during these inspections include ceiling heights, room dimensions, wall and ceiling insulation, smoke detectors, number and placement of electrical outlets, light switches at doorways, exterior windows for light, ventilation, and emergency escape, and much more. In nearly every case, some code violations are cited. Once these are corrected, the inspector can sign off the permit, and the conversion becomes as legal as if the conversion garage was permitted in the first place.
Unfortunately, there is an element of unpredictable risk in the as-built permit process; specifically, the discretionary attitude of the individual inspector. If the light of good fortune shines upon you that day, your inspector will be a reasonably good-natured civil servant, diligently performing the duties of building code enforcement.
On the other hand, your case could be assigned to an inspector who is consumed with the zeal of high office, or is simply having a bad day. This could expose you to any number of costly and burdensome consequences. For example, you could be ordered to remove drywall to enable a full inspection of the framing and electrical wiring. You could be assessed a fine for the unpermitted work, even though you were not the one who made the conversion. In the worst of cases, you could be ordered to restore the garage, as a punitive consequence of the unpermitted conversion, again with no regard for the fact that you were not responsible for the conversion. Fortunately, abusive enforcement of this kind is not the rule, but complaints about such treatment are not as rare as one might hope. Appealing to an elected official, such as a county supervisor or a member of the city council can often resolve difficulties of this kind.
Hopefully, your as-built permit will be processed and approved without too much controversy. This will enable you to sell the property at a later date, without having to disclose that there is an illegal conversion.
• To write to Barry Stone, a certified building inspector, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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