Legal Question in Real Estate Law in California

Re: Unpermitted rm

By having it inspected and approved, if possible, and paying the permit fees. Good luck. If done poorly, it likely won't pass inspection and might be ordered torn down unless repairs are made. If you are buying the house, the inspection required in escrow should raise the issue, and create problems in lending and title insurance.

Re: Unpermitted rm

Some cities and counties have, have had, or might in the future have amnesty programs. There was a second-unit permit amensty program here in Marin County that just ended 12/31/2008. Check your city of county's Web site or call the permit department.

Otherwise, you can research whether you can get an after-the-fact permit. Sometimes you can, if the structure is safe and otherwise meets density and other zoning laws. However, if the work is significantly below code or no permit could have been issued at the time of construction, your chances are significantly poorer.

Any after-the fact permitting will almost certainly require inspections and payment of fees and back taxes unless there is an amnesty program, and even then you'll probably have to pay some fees but probably not penalties and maybe not back taxes.

If you are just thinking about buying a property with illegal additions or modifications, take them into account in figuring the fair market value. Knowing the locality's policies and practices by inquiring at the permit department will put you a step ahead of other possible buyers in negotiating a fair price and not getting stung.