Getting a permit after work completion in Massachusetts can be challenging but necessary. Whether you’ve finished a renovation or added a new structure, you may realize that permits are required.

My guide will walk you through the steps to get the proper permits for work already done and help you avoid costly fines or legal issues.

I will provide the following helpful guidance and steps to ensure you get through the permitting process:

• Contact your local building department to determine what permits are necessary.
• Provide detailed project information, including plans, square footage, and materials.
• Prepare for inspections, and be ready to open walls or structures to ensure code compliance.
• Understand the risk of fines and penalties for unpermitted work, which can escalate over time.
• Consider legal recourse if a contractor fails to pull the permits, especially if it’s their responsibility.

One of the more prominent issues in real estate sales is homeowners who have completed significant projects without proper permits. As a Realtor who has been practicing real estate for nearly forty years, a finished basement is one of the most common unpermitted projects. I see many owners who skip the permitting process. Unfortunately, as you may be finding out, this can come back to bite you when selling your home.

When filling out the seller’s disclosure form in Massachusetts there is a question that asks if you did work that required a permit. Lying on the form could open yourself up to a lawsuit. A savvy buyer’s agent will also confirm that permits have been pulled by visiting the local building department.

I have guided many clients on how to get through selling their property when required permits have not been pulled.

Let’s examine what you must do to ensure your home sale doesn’t fall through due to permitting issues.

How to Get a Building Permit After Work Has Been Completed.

Contact Your Local Building Department

When you realize work has been completed without the necessary permits, your first action should be to contact your local building department. Here’s how to go about legalizing unpermitted work:

1. Identify the Correct Department: Different municipalities have different structures. You may need to speak to the city or county building department, planning office, or zoning department. Many of these offices have websites where you can find contact details. If you’re unsure, calling your city hall is a good starting point for getting directed to the right place.
2. Explain the Situation Honestly: When you reach the building department, be straightforward about the work done. Avoid concealing any part of the project because it may lead to further complications. Government agencies are more likely to help if you’re upfront about the mistake.
3. Ask What Permits Are Required: Every city or county has unique codes and regulations. The building department will guide you on which permits you need based on the type of work done. For example:
   • A permit might be required for major remodels, electrical or plumbing work, or structural changes.
   • They’ll ask if the work affects safety measures like fire prevention or accessibility.
4. Understand What the Process Involves: Ask about the entire process, including how long it will take, what fees are involved, and what inspections will be needed. You’ll want to know:
   • Do you need to re-apply as if the work hasn’t been done?
   • Is there a unique process for post-completion permits?
5. Gather Documentation: They might ask for paperwork showing when the work was done, especially if it was completed some time ago. Keeping accurate records will help smooth the process.

Provide Detailed Information About the Project

Now that you know which permits are required, you must provide the building department with detailed information about the project. This can include plans, specifications, materials used, and the overall scope of work.

Here’s how to prepare:

1. Submit Project Plans: Ideally, you should have a blueprint or plan outlining the project’s scope. If you don’t have official plans, you may need to create a detailed drawing or hire a professional to draft one. These should include:
   • Square footage: Whether you’ve added a room or expanded your kitchen, the size of the project is critical to determining the necessary permits and inspections.
   • Materials used: Specify whether the materials used comply with local building codes. For instance, the department will want to know if you used fire-resistant materials in certain areas or adhered to energy efficiency standards.
   • Changes made: Clearly outline what was modified or added—whether plumbing, electrical wiring, or structural changes.
2. Prepare Documentation for Special Permits: Some work might require specialty permits, such as electrical or plumbing systems. These typically require inspections, and you’ll need to provide plans specifically addressing these areas.
3. Provide Any Existing Reports: If you had any assessments done during or after the construction, such as structural engineering reports, energy efficiency assessments, or soil stability reports (for exterior or foundation work), include those as well. These will help verify that the work meets the code.

Using the finished basement as an example, you will likely be required to undergo multiple inspections, including the electrical and plumbing, and then a final inspection by the head building inspector. You can also expect the town assessor to visit to ensure the basement’s value is calculated for property tax purposes.

Prepare for Potential Inspections

Once you submit your application and documentation, you’ll likely face inspections. Since the work has already been done, the inspector must verify that it was completed to code.

Here’s how to prepare for that:

1. Be Ready to Open Walls or Structures: In many cases, the inspector must see inside walls, floors, or other structures. This is especially true for work involving:
   • Electrical wiring: Inspectors need to confirm the wiring was done safely, complies with local electrical codes, and is not a fire hazard.
   • Plumbing: If plumbing was installed or modified, inspectors will look for leaks, proper connections, and adherence to plumbing standards.
   • Structural changes: Any beams, joists, or framing adjustments must be exposed to confirm they meet load-bearing requirements.

   Unfortunately, you might need to cut into finished walls or ceilings to show compliance.

2. Prepare to Hire Additional Contractors: If parts of the work don’t meet the code, you must bring the project up to standard. This might involve hiring licensed professionals to redo parts of the work, especially for electrical, plumbing, or structural corrections. This step can add time and expense, but it’s essential for ensuring long-term safety and legality.
3. Understand Inspection Scheduling: Inspections often require scheduling well in advance, and you may need to accommodate the inspector’s availability. Some municipalities also charge inspection fees, so be prepared for that cost.

Understand the Risks of Fines

You May Get a Fine For Not Having Building Permits.

One of the most pressing concerns about unpermitted work is the potential for fines. Fines can be imposed at various stages, and it’s crucial to understand the risks involved:

1. How Fines are Assessed: Fines vary based on your local regulations, the scope of the project, and how long the work has gone unpermitted. Some municipalities charge:
   • A flat fee for unpermitted work.
   • A percentage of the project cost (which may be an estimate based on market value if you don’t have receipts).
   • Daily fines accrue from when the work was completed without a permit. However, this is uncommon.
2. The Importance of Resolving the Issue Quickly: The longer unpermitted work goes unresolved, the higher the likelihood of fines increasing. If you continue without a permit or inspections, penalties may compound. You may also face enforcement actions, like stop-work orders if the project is discovered mid-construction.
3. Avoiding Future Legal Issues: Selling a property with unpermitted work can create additional legal complications. If the work doesn’t have the necessary approvals, future buyers may hesitate to purchase the home, or you could face lawsuits for failing to disclose these issues.

Legal Recourse if a Contractor Failed to Pull Permits in Massachusetts

You may have legal options if the work was done by a contractor who failed to pull the necessary permits. Here’s how to handle the situation:

1. Review the Contract: Most professional contracts specify who is responsible for securing permits. In many cases, the contractor assumes this responsibility, and their failure to do so could be a breach of contract. Look for clauses that mention:
   • Responsibility for permitting.
   • Adherence to local building codes.
   • Compliance with all legal requirements.
2. Document Communication: If you’ve contacted the contractor and they refused to help, keep records of those communications. Save emails, texts, or notes from phone conversations where permits were discussed. This can be useful if legal action is necessary.
3. Consult Legal Help: If the contractor refuses to correct the situation, you may have grounds for a lawsuit. This is especially true if the unpermitted work results in fines or other damages. An attorney can help you recover costs for:
   • Corrective work.
   • Legal fees.
   • Fines imposed by the city.
4. Consider Filing a Complaint: You can also file a formal complaint with the Massachusetts Contractor Licensing Board. If the contractor was licensed and failed to pull permits, they may face disciplinary action, such as license suspension or fines.

Conclusion

Fixing unpermitted work may feel daunting, but addressing it now can prevent more significant issues later.

By taking these actions, you’ll bring your project into compliance and protect the value and safety of your property.

Please contact me if you have questions or need help selling a house in the Metrowest, Massachusetts, area.