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"Let's just build a mansion without a permit....."

I'm actually working on something similar right now. Owner built a "guest house" without a permit. City found out when they were maybe 70% through construction. They had to tear the whole thing down - it was built within a setback area, less than a foot from the property line... They've also made heavy modifications to their house, added a few separate additions, changed the occupancy / use of a structure on their property (R-3 to R-3.1), converted the garage to an ADU, attempted to add a second story to their house (that one didn't get too far), and have tried to do a number of other small project, all without a single permit. Now I've been asked to make what I can legal (get them permits) so they don't have to tear things down. Judging by the state of some of what they've done, I'm willing to bet they built most of this stuff without even drawings.

Some people just don't learn...
 
I am of the opinion that nothing makes unpermitted work legal, my guidance, 1) apply for permit wiht correct subtitled documents, rip it down to a bare frame, inspect along the usual steps. 2) rip it down and return to preconstruction state. 3 )leave standing have document recorded on the deed improvements were made without permit or inspections.
 
TheCommish said:
I am of the opinion that nothing makes unpermitted work legal, my guidance, 1) apply for permit wiht correct subtitled documents, rip it down to a bare frame, inspect along the usual steps. 2) rip it down and return to preconstruction state. 3 )leave standing have document recorded on the deed improvements were made without permit or inspections.
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I'm of the same opinion, but it's not my call. If we get a permit and the work passes inspection (the inspectors are being very careful not to miss anything with this property), then it's "legal" in the eye of the city.

I usually advise clients to just rip stuff out, especially when it's relatively minor construction. It's simpler and (often) cheaper. They usually have to alter the structure to comply with code anyways. They never listen and I get stuck with remedial work. Keeps me busy at least.
 
arwat23 said:
I'm in the same boat, but that's not my call. If we get a permit and the work passes inspection (the inspectors are being very careful not to miss anything with this property), then it's "legal" in the eye of the city.

I usually advise clients to just rip stuff out, especially when it's relatively minor construction. It's simpler and (often) cheaper. They usually have to alter the structure to comply with code anyways. They never listen and I get stuck with remedial work. Keeps me busy at least.
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If the structure was open for inspection from the inside I could go with apply for and get the permits, then inspect, if the wall and ceilings are closed up my name is not going on any document that indicates a passing inspection.
 
Joe.B said:
How would you inspect the foundation?
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It depends on the gravity of the violation. In this case, it appears that it was not just a case of not knowing they needed a permit, but purposefully flouting the construction regulatory regime. The building department can accept no assurances on the state of the construction from the owner, as case law is clear that you cannot rely on a constructor's word, when they initially flouted the regulatory regime. In order to fully mitigate liability on this, the department would need to fully conduct each one of the missed inspections. So...dig it all up. Yes all of it. Yes both sides. Yes you need to expose interior footings as well. Almost like I've had this conversation before.

However, it sounds like there are multiple issues with planning that are likely to prevent the structure from ever receiving approval, so even if inspections could be inspected to the satisfaction of the building department, it is likely the result would still be the same.
 
TheCommish said:
I am of the opinion that nothing makes unpermitted work legal, my guidance, 1) apply for permit wiht correct subtitled documents, rip it down to a bare frame, inspect along the usual steps. 2) rip it down and return to preconstruction state. 3 )leave standing have document recorded on the deed improvements were made without permit or inspections.
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Depends on the situation. I've issued requests to uncover - "Take the drywall off here, here, and here.... "

Joe.B said:
How would you inspect the foundation?
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Grab a backhoe.

Done that a few times on the "Gawrsh, I didn't know we had to have a pre-backfill inspection" folks.
 
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