The short version
- Buyers' attorneys and title companies search for open permits, violations, and CO problems.
- Inside the Village of Lindenhurst, permits go through the Village. Elsewhere in 11757, it's usually the Town of Babylon.
- Legalizing work can take months and may require plans, inspections, and variances.
- We buy with open permits, unpermitted work, and illegal apartments, and resolve them after closing.
- Your attorney will confirm anything that must be addressed before closing.
Why permit problems show up at closing
On Long Island, permit and code problems are one of the most common reasons a house sale gets delayed or falls apart. A seller lists the house, accepts an offer, and a few weeks later the buyer's attorney or title company finds an open permit from 2004, a deck that was never signed off, or a finished basement with no certificate of occupancy. Suddenly the closing date is in question.
That happens because a buyer's attorney and title company search municipal records as part of the sale. They're looking for open permits, outstanding violations, and whether the house's certificate of occupancy matches what's actually there. A buyer's lender usually wants these issues resolved before funding the loan, and a buyer's attorney often won't let a client close over them.
We buy houses with these problems. We price the issue into our offer and deal with it after we buy.
Common permit and code issues we see
- Open building permits that were never closed out
- Expired permits for work that was finished years ago
- Decks, porches, and sheds built without permits
- Finished basements with no permit or certificate of occupancy
- Additions or dormers that don't match the CO
- Garage conversions
- Second kitchens or accessory apartments without rental permits
- Fences, pools, or above-ground pools without permits
- Old electrical work without a certificate of compliance
- Outstanding code violation notices
- Missing or outdated certificates of occupancy
Village or Town: who handles your permits
This matters a lot in Lindenhurst, because the 11757 mailing address covers more than one jurisdiction.
If your house is inside the Incorporated Village of Lindenhurst, building permits, certificates of occupancy, and code enforcement generally go through the Village, with Village Hall on South Wellwood Avenue.
If your house is in North Lindenhurst, which is an unincorporated hamlet, or in the Venetian Shores or American Venice neighborhoods outside the Village, permits generally go through the Town of Babylon. The same goes for Copiague, West Babylon, North Babylon, and the other unincorporated hamlets in the town.
The Villages of Babylon and Amityville have their own building departments as well.
When you call us, we'll figure out which office has jurisdiction over your house. It sounds like a small detail, but it determines which records to pull and which office to work with.
How permit problems get resolved
Resolving an open permit or legalizing unpermitted work usually means some combination of these steps:
- Pulling the existing permit file and figuring out what's missing
- Hiring an architect or engineer to draw plans of the existing work
- Applying for a permit to legalize the work
- Opening walls or ceilings so inspectors can see framing, wiring, or plumbing
- Making corrections the inspector requires
- Getting final inspections and a certificate of occupancy or completion
- Paying fees and, sometimes, penalties
For a simple deck, this might be quick. For a finished basement or an addition, it can take months and cost real money. And until it's resolved, a regular buyer's sale may be on hold.
How we handle it
We look at the house, review whatever permit history you have, and factor the cost and time of resolving the issues into our offer. After we buy, we take care of legalizing or correcting the work, or removing it if that makes more sense.
Your attorney and ours will confirm what, if anything, needs to be addressed before or at closing. In many cases, we can close with the issues still open, because we're taking on the responsibility. In some cases, a specific item may need attention first. We'll be clear about that up front.
Accessory apartments and illegal units
Basement apartments and other accessory units are common across the Town of Babylon. Some are fully legal and permitted. Many aren't. An illegal apartment can create problems in a traditional sale: lenders may not count rental income from it, the CO may not match, and the buyer's attorney may require it to be removed or legalized.
We buy houses with accessory apartments, legal or not, and with tenants still living in them. We'll handle the next steps after we buy. Talk to your attorney about any disclosure obligations, and about how tenants in an illegal unit should be handled during a sale.
What you should gather
If you have any of these, they help:
- Your current certificate of occupancy
- Any permits you or a previous owner pulled
- Violation notices or letters from the Village or Town
- Surveys showing the house, additions, decks, and pools
- Contractor invoices for work that was done
If you don't have them, that's fine. Records can be requested from the building department.
Should you fix permit problems before listing?
Sometimes yes. If it's one small item, like an open permit on a fence that just needs a final inspection, it may be worth handling yourself and then listing. If it's a bigger item, like an unpermitted addition or a basement apartment, legalizing it can take months and cost a lot, and there's no guarantee of the outcome until inspectors sign off.
We'll give you an offer either way, so you can compare. If fixing it yourself makes more sense, we'll tell you.
Buying a house with permit issues you didn't know about
A lot of sellers didn't create the problem. They bought the house years ago, and the deck, the dormer, or the basement was already there. Sometimes a previous owner's attorney missed it, or the issue wasn't flagged at the time. It's frustrating to find out when you're trying to sell. It's also common, and fixable.
Violations and fines
If you have an open code violation, fines may continue to accrue until it's resolved, depending on the violation and the municipality. Selling doesn't automatically erase a violation. It's important to understand whether any fines or liens are attached to the property, because those may need to be paid at closing. Your attorney and the title search will identify them.
Why buyers walk away over permits
From a regular buyer's point of view, unpermitted work is a risk. They don't know whether it was built safely, whether it will pass inspection, or how much it will cost to fix. Their lender may refuse to fund the loan. Their insurance company may ask questions. And when they eventually sell, they'll face the same problem you're facing now. That's why many buyers walk away or demand a big credit when permit issues come up.
We're set up to take on that risk, because legalizing and correcting work is part of what we do after we buy.
How the sale works
- Tell us about the house and any permit or violation issues you know about.
- We visit once and review any paperwork you have.
- We send a written offer that accounts for the issues.
- Your attorney reviews the contract.
- We close on your timeline, and the permit work becomes our responsibility.
The bottom line
Permit problems don't have to derail your sale. They're one of the most common reasons people call us, and they're one of the issues we're best set up to handle.
A quick note on certificates of occupancy
A certificate of occupancy, or CO, is the document that says what a building legally is and how it can be used: a one-family house, a two-family house, with or without a finished basement, and so on. Older houses sometimes have a CO that's decades out of date, or no CO on file at all because the house predates the requirement. In some cases a letter or certificate of existing use is issued instead. If the description on file doesn't match what's actually built, that's where problems start. We'll compare what's on record to what's there and plan from that.
How long legalization can take
Timelines for legalizing work vary widely. A simple close-out of an old permit might take a few weeks once an inspector is scheduled. Legalizing a basement, an addition, or an accessory apartment can take several months, especially if plans need to be drawn, variances are required, or the building department has a backlog. Variances, which are needed when work doesn't meet zoning rules like setbacks or lot coverage, involve applications and public hearings before a zoning board, and the outcome isn't guaranteed.
If you're trying to sell on a deadline, that uncertainty can be a serious problem. Selling to us removes it.
Searches your buyer's attorney will run
In a typical Long Island sale, the buyer's title company or attorney orders municipal searches. These can include a search for open permits, certificates of occupancy, building violations, and street reports. Results are compared to what's actually on the property, often using a survey. If the survey shows a deck, pool, shed, or addition that has no matching permit or CO, it gets flagged.
Knowing this ahead of time helps. If you order your own searches early, you can see what a buyer will see and decide how to handle it.
Pools, sheds, and fences
Some of the most common permit issues aren't with the house at all. Pools, including above-ground pools, often require permits and must meet barrier and fencing requirements. Sheds above a certain size may need permits. Fences may need permits and must meet height rules. These items show up on surveys and in searches, and they can hold up a closing just like a basement or an addition.
Electrical certificates
Electrical work often requires an electrical inspection and certificate, separate from the building permit. Older electrical work, such as a panel upgrade or added circuits, may never have been inspected. Buyers' attorneys sometimes ask for electrical certificates for finished basements, additions, or pools. If you don't have them, we can still buy.
Ask early
Order your own municipal searches before selling so nothing surprises you.
How the sale works
Tell us about the house
Call or fill out the form. A few basics about the property and your timeline.
We walk through it once
One visit, at a time that works for you. No open houses, no strangers poking around.
Get a written offer
A real number, in writing, with the math explained. No pressure to say yes.
Close on your date
Attorneys handle the closing. You get paid at the closing table.
Questions
Who handles permits, the village or the town?
Inside the Village of Lindenhurst it's typically the Village; in North Lindenhurst and the rest of the unincorporated Town of Babylon, it's the Town. We'll sort that out with you.
Will this lower my price?
It's factored in, but you also skip the cost and time of fixing it yourself.
Can you buy if there's an illegal apartment?
Usually, yes. Call us and we'll talk through the specifics.