Faqs

What happens when a previous homeowner builds an unpermitted deck built on a house in Yavapai County? Whose responsibility is it to obtain permits prior to selling the house?

Most cities allow certain types of construction by homeowners. A general rule of thumb on decks is not more than 30 inches off the grade and uncovered. Covered porches need permits. If a covered deck was added on to a house without proper permits, you only really have two or three options. Check with the municipality of whichever town the house is in to determine if retro-permitting is a viable solution. Tear it down and start over. Or, work with the city toward a solution for permitting your construction. This may involve contractors licensed by the city to determine if the construction has historical issues and if permitting an existing add-on is a better solution rather than starting over.

The person selling the house IS responsible for obtaining the permits and disclosing the non-permitted area. The good news is that the deck is not considered “liveable” space, and can be torn down prior to the sale without affecting the sale of the property. If obtaining a loan on the property, be sure to note that an appraiser may drop the value of the house if the deck is an item of concern.

Be sure to have these conversations with your Realtor and Title Company prior to making any purchase.

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