Licensed Professional Engineering (646) 267-4827  ·  mfa@mfaengineering.com

Guide

What an open permit is, and how it gets closed

Why a permit pulled decades ago can stop a sale today, and what resolving it involves.

An open permit is one that was issued but never signed off. The work may have been finished thirty years ago; as far as the municipality is concerned, it is still in progress. Nobody notices until somebody looks — and the person who looks is usually a buyer's attorney or a title company, three weeks before a closing.

Why it stops a deal

An open permit is an unresolved liability attached to the property, not to whoever pulled it. A title company will flag it. A lender may decline to fund against it. A buyer's attorney will, at minimum, want it addressed at closing — frequently by holding back money in escrow until it is.

What closing one actually takes

The sequence is usually: pull the file and establish what the permit covered, inspect what was actually built, reconcile the two, and file whatever the municipality needs to issue the sign-off. Where the built work matches the approved work, that can be straightforward. Where it does not — the deck grew, the layout changed, the electrical was never inspected — the gap has to be closed first.

The cases that take longer

  • The contractor who pulled the permit is gone and the inspection records are incomplete
  • The work no longer complies with current code, so it cannot simply be inspected and signed
  • The permit was pulled for one scope and a different scope was built
  • Additional unpermitted work is discovered during the inspection

What to do if you are selling

Check before you list, not after you are under contract. A property file review takes a few days and tells you what is on the record. Discovering an open permit with six weeks to closing is a very different problem from discovering it with six months.

More guides

Bring us the project.

Send the scope and you will get an approach, a timeline and a proposal.

Call (646) 267-4827 Request a proposal
Call