Legal Question in Real Estate Law in Massachusetts

An elderly gentleman I know is planning on turning the downstairs of his home into an apartment. He has had electricians and plumbers in to do work. He will have a separate kitchen and dining area. There will be one bedroom and a bath. The current bathroom is connected to a separate leech field which is some 25 years old.
Besides the plumbing and electrical he has purchased cabinets, stove, refrigerator, and sink. What concerns me is that he is doing all this "under the radar" meaning he has decided not to get any permits or report the work. I am concerned that if proceeds he could face some serious issues both from the town for his lack of getting permits and from the state (taxes, etc.). A person I know says it is fine. She says that since there will be an open doorway that leads to the upstairs where he lives it does not qualify as a second dwelling. This seems silly to me. I am wondering how I can best explain what issues he might face or am I the one being too cautious here?

Asked on 2/22/10, 9:42 am

2 Answers from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

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Ignoring the legal issues - let me ask you a business question.

What are your elderly gentleman friend's plans as far as selling the house? How do you think a potential buyer will feel about un-permitted work? With property, my feeling is that it is safer to go "by the book."

Look at it this way, what might the permitting cost? A couple of grand? What might the lack of a permit potentially cost this gentleman (or his heirs) down the road in money lost on a sale? Tens of thousands? Why take a risk?

Answered on 3/01/10, 7:26 am

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