Real Estate

Where did that bedroom come from?

Lack of disclosure of non-permitted work not affecting home prices

Walk into any home, and you will find traces of the people living there now, and all of those who have come before. It is a fact of life that people will customize their homes to suit their personal tastes and needs, and while homeowners are required by law to submit building permits to the city for inspection before embarking on any significant work, that does not mean they will always comply.

But when properties are placed on the market, and these items listed as selling points without disclosing their lack of permits, what dangers are posed for buyers? And what effect is this process having on the market itself?

"This is an issue we encounter frequently, but I see no relation between the lack of disclosure on non-permitted work done on homes and the current prices," said Alain Pinel Realtor Samia Cullen, who is based in Menlo Park. "For starters, it is not actually that often that a homeowner will make any modifications to their home without obtaining a permit."

Palo Alto Chief Building Official Larry Perlin concurs: "The demographics of this area are such that homeowners are probably in a better financial situation to be able to afford to hire the properly licensed contractors, designers and architects."

Palo Alto residents, he adds, are an extremely conscientious and self-policing lot. When a local notices that a neighbor has taken on a substantial modification project on their home, they are more likely than not to look into it.

Of course, not all changes are conspicuous. Spaces like attics and basements are frequently refitted to serve as extra bedrooms, Perlin said, and it is these that are most often found to be in violation of city codes. Sometimes this is because the changes were made prior to the introduction of the permitting system in the 1960s, or because the changes were set to the standard of now-outdated codes.

"It is a real gray area," said Anne Arjani, a Palo Alto-based Keller Williams Realtor, who notes that what it says about a home on its title rarely corresponds to the fact. "For example, I was just looking at a home in The Willows whose garage has been serving as an extra bedroom since it was built." The space conforms to the standard definition of a bedroom: a closed off area with a window and closet space. "So can you call it a bedroom, or can't you?"

According to the city, it is not. Rather, it is an example of the most common type of violation in the area: that of a habitable area being made out of a space not built for such a purpose. In such cases, the city will usually work with new owners to bring their homes up to standard. "When a violator is caught, they will often come to the city mea culpa, offering to do anything to get permission for the work. More often than not the city will try to work with them unless the violation is egregious or can't be supported without bending the rules," Perlin said.

Whether or not a seller lists these kinds of modifications when they place their home on the market is up to their and their agent's discretion. "But because the buyer will be aware of what work has been done on the home, and which are to code and have permits before they make an offer, it is in the seller's interest to be up front," said James Yang, a Palo Alto-based Rainmaker Properties Realtor.

Indeed, a buyer will be faced with so much documentation detailing the changes made to the property, and prompting them to inspect it, that they should be more than aware of a home's value before making a commitment, Arjani said. The standards of consumer protection are so high in real estate that a buyer will be prompted repeatedly to inspect the homes they are interested in.

"In contracts, it is abundantly clear that buyers have a duty to investigate, and we encourage all of our buyers to go to the Palo Alto Building Department to see if there is any paper work that could tell them what work has been done on the property, with or without permit," she said.

And even when the seller and agent downplay changes, the documentation will not. Before buyers can proceed in making an offer, they are required to read and sign a Transfer Disclosure Statement, along with numerous other documents including an Agent Visual Inspection disclosure, seller's property questionnaire and Statewide Buyer and Seller Advisory.

"Consumer protection is insane when you're buying a home," Arjani said. "On every page, it practically screams: 'Buyer, you need to inspect.'"

When accounting for Palo Alto's steep home prices, most Realtors questioned said it was less to do with undisclosed non-permitted work inflating the value, and more to do with the nature of the area.

"In Palo Alto, there are just more buyers than homes, and this has always been the case," Arjani said.

The market, too, has rebounded significantly in the first three months of the year. "According to MLS, the median price for homes in Palo Alto in the first three months of 2011 was up by 6.87 percent compared to last year," Cullen noted. "With homes that weren't selling in 2010, we are now seeing multiple offers."

A strong market is in some cases mitigating the acceptance by potential buyers of non-permitted work, however.

"This is a really common problem in Palo Alto," Arjani said. "For example, when you have four other buyers, a person is more likely to be willing to accept the non-permitted work as part of the property because they want the house."

So what is a person to do when making what will possibly be the biggest investment of their lives?

Not worry about non-permitted work, according to Perlin, because checks and balances have been built into the system.

"This is especially true in the case of a real estate, mortgage and financial crisis like that which we have been experiencing. Lenders have become extremely diligent in making sure that their appraisals for property are accurate in order to support the loan. No credit will be offered for the additional space, he said, adding that it could " hurt them later on, when refinancing their homes or for appraisals, when it becomes evident that there has been substantial work done for which there was no permit."

Comments

Like this comment
Posted by Carol and Nicole
a resident of Barron Park
on May 16, 2011 at 9:15 am

While there may be checks and balances in the system, when a buyer purchases a property without the final permit then the buyer takes on full responsibility for any risks. The existence of a permit means that the proposed improvement and the drawings and specifications were approved by the local jurisdiction. Just as important as securing the permit is verifying that the actual construction conformed to these specifications. Web Link


Like this comment
Posted by Anon.
a resident of Crescent Park
on May 16, 2011 at 11:48 am

Doing anything in the homes we buy and pay so much for, and then cannot so much as throw something big that doesn't fit into the trash away without some major burden and expense.

There is such a thing as reasonable regulation though. The irresponsible way man y people behave warrants some protection for everyone for dangers that stupid people might cause them, like bad gas work that could blow up a house, or other things ... but combined with the tendency to grow the public infrastructure to provide more money and more jobs for the special "connected" people and friends networks that get to feed off the rest of us - it is ridiculous and it does not work.

No, I'm not making the argument for no regulation or no government, it is an argument for putting responsible people in place to make reasonable decisions ... if that is even possible anymore. Now a sort of pervasive corruption just seems to rule.

This weekend Bob Brinker on KGO was talking about lifeguards that make 200K a year and a whole management infrastructure behind that.

The decisions to give some lucky political people huge pensions and benefits at public expense while people are grasping for jobs, education, health care and in some cases food ... this state, this country, our society is not working, and to leave all the little crimes that have already happened in place as fait accompli is no answer either. There is simply no way to find out all the truth, or handle every case fairly, so we just dump the burden on the taxpayer, and without justice, equally or fairness.

The inspectors can be nice and easy going, or they can be tinhorn dictators if they want to be or they take a dislike to people - woe is you say the wrong thing to them.

The average person is beaten up by a lifetime of this abuse and bullying ... and that is just the official beating we get in life ... is it any wonder the state of the world when only some are lucky enough to escape abuse and injustice. And remember, it is much better here in America than most of the planet. There is a lot of work to do to fix things, yet the way this is ignored in the media to keep the status quo in place it just goes on and on.


Like this comment
Posted by Crescent Park Dad
a resident of Crescent Park
on May 17, 2011 at 11:05 am

OK - back to the subject of the thread...

Do get a permit. It is not worth trying to do work without one. Especially if you're caught - you'll be fined and you'll have to tear out everything that you did.

And if you're buying a home and that owner has permits --- don't assume that the permits covered all the work. Check the permits and the scope of the work.

Despite all of the amazing stories of how hard it is to get a permit, I have personally found that almost all of the people working at the planning center (on Hamilton, across from City Hall) are very, very helpful. Plus you'll find that many simple projects can receive a permit right at the first meeting over the counter.

As for inspectors and their attitudes --- I tend to look at it that there all types of people who make the world go around. On my current job we have had 4 different inspectors come by. One is a big grouch --- big deal. Just be nice and ignore the attitude. There are grouches everywhere you go --- city inspectors have not cornered the market on that.

My only other comment would be an open letter to those residents who are wary of their neighbors and their projects. My personal experience is that things go much smoother if you take the time to talk to your neighbor before assuming the worst.

On my current project I had two different neighbors anonymously try to stop my project because they thought I was building outside of zoning rules or my permit. I don't know if it was because they didn't like what we were doing or that they had a legitimate concern. But why waste the city's time running inspectors out to check on their claims when you could at least ask your neighbor what is going on with the project? Talk. Communicate.

BTW - same goes both ways --- if you're going to do a project, talk to your neighbors and let them know. Find out if they have any issues with parking, etc. so you can do your best to mitigate the impact on their daily routines (for the next 6-12 months). By doing so, you'll find that when your neighbor has a problem, they'll come to you first and not go to the city to complain....and then the problem is typically fixed right away and everyone is happy.


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