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
- Legalizing an accessory apartment on Long Island
- What a property file review tells you before you buy
- Do I need a permit for a deck?
- Cracks in walls: when to worry and when not to
- What to do when you get a building department violation
- Variances: when your project does not fit the zoning
- Restaurant build-outs: the timeline nobody plans for
- Flood zones and house lifting on the South Shore
- Pool permits on Long Island: what actually gets reviewed
