The city of San Diego has nearly 3,000 open cases of code violations, but despite budget cuts, the city is re-prioritizing neighborhood code violations to address more cases faster. From 2008 to 2010, there were nearly 3,000 open cases of code violations, including structural problems, barking dogs, abandoned boarded up structures and plumbing problems. Bob Vacchi, who overseas neighborhood code enforcement, said the city budget cuts have impacted how they handle the list. “If he had more staff, obviously we could do more things on the list,” said Vacchi. Certain complaints, such as noisy neighbors, barking dogs, illegal structures and over height fences, have new thresholds before a case will be open and action taken. “We have to push things up to where it might be a public nuisance, definition would be a large number of people being affected,” said Vacchi. “So for a barking dog we consider that to be a three.” Health and safety threats and environmental hazards remain high priorities. Some open cases on the list showed owners making an effort at complying.

 By: San Diego News 10

1. The city can come through and demand the addition be demolished and the structure be returned to its permitted size – that’s at the property owner’s expense.

2. As an alternative, and solely at the city’s discretion, they can choose to issue permits in exchange for the appropriate fees and inspections and a penalty surcharge. In order for that to happen the structure would have had to been built to code and it would have to withstand whatever inspection process, including drilling holes to check for slab depth, framing spacing, electrical conduit, etc. Some cities will not do this, others will.

3. Most lenders will not lend on building area that is known to be unpermitted, because… Insurance companies will generally not insure unpermitted building area, and in some cases will not insure structures with unpermitted building area. Substandard construction can lead to damage to the permitted structure to which they are attached.

Bottom line is that in this region it’s not smart to mess around with properties that have unpermitted additions unless you have professional help. If a buyer suspects the permits may be lacking they absolutely should make the sale contingent on the seller providing them.

In some cases, the structures may have been built prior to the dates the city or county has permits on file. Those structures can generally be considered permissible. For instance, the City of San Diego generally does not keep their permits files prior to 1955 handy and they wouldn’t get excited about structures and additions built prior to that time. It’s always a wise thing to get your property or the one you are interested in researched for full compliance. It’s worth it!

A property with unpermitted work, could potentially cost the new owner money when they are not built to code and have to be torn down! Unpermitted building may not be covered by your homeowners insurance policy, which could result in a lawsuit should someone be injured there. Often, the unpermitted square footage cannot be added to the square footage of the home so it will not add to the value of your home..it will rather..detract from it.
Remember, permits insure the “minimum of building standards” have been developed to protect the consumer. Permits are well worth the few hundred dollars they cost.
Additions that have not been properly permitted have also, most likely, not been properly inspected to ensure the addition was built to local codes and requirements. Additionally the homes size (square footage) has been changed and not properly reported to local property tax authorities. If the mortgage company does not discover this through the appraisal process then the insurance company might. If neither catches the “illegal additions” and the mortgage does complete these are the possibilities at a later date:

1. If you ever experience a claim on the home with your insurance carrier, especially if it deals with the illegal addition, then your insurance carrier may refuse to cover the claim as the home has had improperly permitted additions, changes, modifications to it.
2. If the local taxing authority discovers the changes and determines when they were made they might assess you retroactively for the amount of taxes, penalties and interest they could have collected.
3. If the local building department discovers the illegal additions (the taxing authority will advise them if they find it) then you may be subject to penalties, potentially have to remove it or at least parts of it for inspections, etc., etc.
4. If in the future your mortgage company discovers that you have illegal additions, and that you were aware of them, they might also have methods of redress to prevent any issues with the loan such as prematurely calling in yuor loan with an immediate payoff demand. The mortgage company is not going to want to expose themselves to potential future liabilities and have many avenues of redress to prevent them of which this is one.
5. If the illegal additions violate local zoning ordinances, setback requirements and/or extends onto your neighbors property then your title insurance company is most likely not going to cover this situation either. It can result in you bearing the full cost of rectifying the problem.
6. If your illegal addition causes your neighbors any problems, or your relationships with your neighbors sour, then they can “drop a dime” on you to the local building department and get the ball rolling for any/all of the above to occur.
7. If you are lucky to not experience any of the above and try to sell the home later it may then be discovered and cause you significant grief in the sales process. First off you know it is an illegal addition and will have to disclose that. Even if you don’t and the new buyer discovers it prior to closing and backs out you now can not avoid disclosure. Also when it is discovered any of the above actions can again be started.

If you know or suspect a home has illegal additions to it then you should perform additional due diligence before your option period expires. It is a simple thing to visit the local building department and check the history of the home for its original build size and ANY permits that may have been requested for additions, major upgrades, modifications, etc.

Sellers are required to disclose these things but Seller Agents are not required to research a home to make sure the seller tells them the truth when they sit down to fill out the papers when listing the home. If you read the MLS terms I believe it also states that what is listed is not guaranteed to be what is actually there. There is generally a statement that says:

“All information provided is deemed reliable but is not guaranteed and should be independently verified.”

Don’t expect your Agent or the Seller’s Agent to provide you reliable information in regards to this issue! They are protected by their contract with you, the above MLS statement, the disclosure notice improperly filled out by the seller and a whole host of other barriers to protect themselves. Agents are in the business of getting people to sell and buy homes and are unfortunately not REQUIRED to specifically perform these types of checks for their clients, whether a buyer or seller.

 Any structure erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished without first obtaining the proper permits is a violation.

 Examples of Improvements or changes that require a permit:

 Residential remodels, additions, conversions

 Patio covers in excess of 300 (three hundred) square feet

 Garage conversions

 Certain signs (on-premise and off-premise), such as projecting and/or lighted signs, require building permits. Issuance of an Administrative Permit does not preclude the requirement for obtaining a building permit pursuant to the Uniform Building Code.

 Commercial change of use, tenant improvements, office trailers; Change of occupancy changes the classification of a building. For example, if you change a residential building into an office, that is a change of occupancy. Or, if you change an office to a restaurant that seats more than 50 people, that also changes the occupancy classification of the tenant space.

 Occupied mobile homes

 Carports, decks, swimming pools, re-roofs, storage buildings

 Electrical, plumbing systems and mechanical systems

 Sea Cargo Containers

 If your property posses any of these items and no permit was obtained it’s a possibility you are in violation.

Unpermitted Garage Conversions

In the city of San Diego, unpermitted garage conversions are on just about every block. Some more obvious than others, all unpermitted additions/changes must have architectural plans and permits in order to be legal.

Many clients who work with Code B Inc did not do the work or even know unpermitted construction existed until they were cited by the City Building & Safety Department. Code B Inc suggests obtaining one of our property evaluation reports to cover you and/or your family of the liabilities which might cost you thousands of dollars to legalize. Legalizing a garage conversion could mean restoring the room back into a garage or creating other area on your property to park.

The problem for most current homeowners with unpermitted garage conversions is the possibility of losing space they consider part of their home or an income-producing supplement of their livelihood (renting). In order to find out what can be done to keep the existing unpermitted construction and use(s), due diligence must take place. All zoning, parking, setback, height and lot size requirements must be met. In addition, your property might be subject to special conditions that limit the amount of change that can be legally made.

Do You Have An Unpermitted Garage Conversion?

For your unpermitted garage conversion identification needs, call Code B Inc and ask to speak with a representative about our Property Evaluation Report services. Our company not only concentrates on correcting an issue, we look at what further can be expanded upon. Whether you can add a second-story, third-story or an addition, it is all included in the report.