Permits are required when building, remodeling or enlarging a building. Permits are also required for other improvements to your property. Projects that are cosmetic, such as painting, wallpapering, carpeting, cabinets and trim work, etc., do not require permits.
Halting or Even Demolishing the Project. The city inspection department may tell you to halt the project until the permit is obtained. In some situations, they may tell you to take down the unpermitted project altogether. You'll then get an order to redo any work done with the proper permits in hand.
Structural Changes: If you plan to move walls, install new windows or doors, or make alterations that affect the structural integrity of the bathroom, you'll likely need a permit.
While selling a house with unpermitted work is not ideal, it is possible. Most jurisdictions require sellers to disclose known issues with the property to potential buyers, including any unpermitted work. Failure to disclose such information can lead to legal action from the buyer, including lawsuits for nondisclosure.
Most buildings in Texas need a permit; exceptions include sheds <200 sqft, decks <30 inches, and fences <7 feet. Permit is required for plumbing, electrical work, residential additions, pools, and concrete pouring. Non-permit projects can include landscaping and temporary structures, but must comply with zoning laws.
According to California Contractors State License Board (CSLB), contractors must pay up to $5,000 per violation and are subject to disciplinary action. Penalty for not pulling a permit in Texas is a triple permit fee plus $500.
You'll likely need a permit since this project may require soil grading to avoid drainage issues. Repairing your floor may be more cost-efficient than replacing it if grading is necessary. No permit may be required to hang drywall on exposed wooden wall studs in your garage.
If the owner did not disclose the work (which they are legally obligated to), then you can sue them for misleading real estate practices. Because the unpermitted work wasn't disclosed, the inspector wouldn't know to check for it, would approve the house, and could put you at risk of the repairs break down.
Unpermitted work can be a legal nightmare for homeowners, potentially resulting in fines, penalties, and even the loss of your home. By ensuring that all renovations and repairs are properly permitted and inspected by your local building department, you can avoid these legal issues and protect your investment.
The person or contractor who will be performing the work usually pulls the permit. Ultimately, however, the owner is responsible for ensuring that all necessary permits have been secured.
In Texas, it's not illegal for a homeowner to do plumbing work without a license, just as long as they don't interfere with the water system that goes from house to house.
An electrical permit is required when you add circuits to your existing system, change out breaker panels, etc. Changing out existing fixtures and plugs/switches does not require a permit. View the Electrical Permit Information Guide (PDF).
Typically, any new plumbing installation will require a permit, so if you are running water lines from inside the home to the outdoor shower, it's likely you will need a permit.
Without a permit, your finished basement may be declared as unpermitted work. You may have to pull down the work and begin the entire process of remodeling from scratch. That's a lot of stress for any homeowner. You might like 10 Basement Bar Design Ideas For A Luxurious Outlook.
Permits are required for nearly all improvements done to a residential or commercial property. Fences, driveways, roofing, swimming pools, as well as any electrical, mechanical, plumbing, or general construction of a structure, requires a building permit.
While home inspectors do not specifically check for permits, they are skilled in identifying signs that suggest unpermitted work might be present: Reviewing Property Records: Inspectors often verify if the current state of the home matches the descriptions in city or county records.
You might have to tear the structure down
Having to tear down the addition and build a new, up-to-code replacement is by far the biggest risk buyers face when buying a house with unpermitted additions. Buyers can often apply for a permit for the addition after it's completed.
In most cases, you are legally obligated to disclose all unpermitted work you are aware of, even if it's from prior owners. Make sure to communicate everything you know about unpermitted work on your property. Withhold information from potential buyers, and you've got a potential lawsuit on your hands.
Once the designs for your unpermitted space meet building code, you can apply for a retroactive permit. You'll need to submit all drawings and documentation of the space. Retroactive building permits are special permits that are issued for structures which did not initially receive a building permit.
If you discover material defects after the real estate transaction has closed, you may have an action for breach of contract. A qualified, local real estate attorney with experience in housing and construction defects can help you understand your rights and draft an appropriate demand letter.
Many homeowners may not know that minor repairs or installations may require permits, which can create a problem when putting a house on the real estate market. Ask the average real estate agent, and they will tell you that as many as 40 to 50 percent of all homes on the market have unpermitted work.
While replacing existing interior doors with new wood interior doors typically does not require a permit, adding new doors or making structural changes often does.
In general, any time you disturb 2500 square feet of soil or change the grade more than 24 inches (either taking away or adding), you must apply for a permit. The precise rules may vary based on your county or state, but this is a basic rule of thumb.
Very generally speaking, the biggest you can build in Texas without a permit is 200 square feet. Whether you're in Dallas or Harris County or beyond, the majority of the state doesn't require a permit for structures under 200 square feet.