How to get permit after remodel in CA?

6 years ago

last modified: 6 years ago

Hi, I have a 2 bedroom condo in San Jose. And when I bought it, the disclosures said it used to be one bedroom, and the previous owner converted part of the living room into a bedroom. He basically just added one wall (with a door) and one ceiling.

I also have the contact info of the contractor who did this.

My questions are: a) Is permit required to do this? b) If it requires permit but it was built without permit, what should I do to get permit for this? Will there be penalty?

c) Is it legally okay to rent this condo out?

Thanks for your advice!

Amelia

Featured Answer

Helen

6 years ago

Is this conversion common in your condo building?

I ask because the condos in my building were deliberately built NOT to have a permanent wall enclosing the den area because a two bedroom would have required an additional parking spot in the garage.

The den area has a closet - a door from the hallway (in addition to the large open space that can be enclosed with a wall) and was built with one of those funky plastic dividers that slide from the ceiling.

Almost every unit in the building has built a wall and advertises as a two bedroom. It has a door, a closet, a window and the second bedroom area is adequate size. I don't think there is any problem pulling a permit - probably because the department that is looking at permits in Los Angeles is only looking for structural issues and isn't even considering parking issues - since the second bedroom is up to code as far as they are concerned. I have some realtor friends in my building and no one has ever said that the conversions present a problem - in fact they tell me they add to the value of a unit. Since I live alone I prefer to have one large living space with the wall of windows out to the view since I have no reason to shut myself off from myself :-)

On the other hand, putting up walls to create additional bedrooms in New York City is a HUGE issue - especially in rentals because they create non-Code bedrooms and also because they create hazardous conditions for firemen in the event of an emergency,

How are other units listed? Ask your neighbors.

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Comments (12)

Geneviève
6 years ago
Ask the contractor if you are not sure every state has different regulations , some require permits for everything and some for just outdoor like an addition to a home or a new garage. as long that everything done like the wiring for example was checked by an inspector then you can rent it out no problem , if you are not sure ask your municipality what their bylaw is.
Amelia W thanked Geneviève
dsgts
6 years ago
last modified: 6 years ago
I live in Northern California and once asked for a permit long after work had been done. The work was inspected and a permit was provided. I'm sure this is not preferable, but might be an option for you.
Amelia W thanked dsgts
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miss lindsey (She/Her)
6 years ago
My city has a mechanism for retroactive permitting too. But every jurisdiction has different bilaws and different tolerances for non-compliance so proceed with caution as you inquire at the city offices.
Amelia W thanked miss lindsey (She/Her)
User
6 years ago
You have an illegal conversion. Permits cover proper electrical, foundation, plumbing, construction; not zoning violations.
jmm1837
6 years ago
It may or may not be an illegal conversion. I had an apartment like that once, and was told that no permit was needed because there were no changes to the original electrical or plumbing. What became the study simply used the fixtures that were already in place. But it does depend on jurisdiction so yeah, I'd be checking with the contractor first, and the city next.
Amelia W thanked jmm1837
millworkman
6 years ago
Would the second bedoom make a legal bedrrom? Does it have the proprer egress? Does it have a closet? Is it large enough? Proper electrical outlets?
Amelia W thanked millworkman
aprilneverends
6 years ago
last modified: 6 years ago
It can be "grandfathered in". If they disclosed it-they didn't pull a permit, yet you can ask for an inspection (you probably had one already when you bought. did the inspector seem concerned? we also had some unpermitted work done, disclosed to us in escrow,but our-very good and strict inspector was fine with its quality, he discovered other things that didn't please him, but that's OT). I agree-talk to your own contractor first, then to the city.
Amelia W thanked aprilneverends
suzyq53
6 years ago
If there was simply a partition wall installed with no new electrical, I don't think a permit would be required. But it might not be a legal bedroom which requires an operable window large enough for egress and a closet. I'd contact the contractor to get a better understanding. Was an inspection done when you purchased the unit?
Amelia W thanked suzyq53
User
6 years ago
last modified: 6 years ago
If it’s not s legal two bedroom, with the proper permits pulled to convert it, then it is being over valued for real estate purposes and they are misrepresenting it. If you move forward anyway, that all falls on you when you go to resell. The new buyer may not be so gullible as to accept an illegal conversion just because you say it’s a two bedroom. Legally, it isn’t.

Renting out any bedroom puts the onus on you to provide a safe legal to occupy room. If it isn’t safe or legal, and something happens, you would be personally financially liable in any lawsuit. Your homeowners doesn’t cover you renting out illegal conversions. Or illegal conversions period. Or temporary rentals.Not without a specific rider. That would only be available for s legally habitable space.
Amelia W thanked User
Amelia W
Original Author
6 years ago
Thanks for your advice! Yes it used to be a den. And it is pretty common in our complex. The converted bedroom has a window and a closet. I'll check with contractor and inspector to make sure. Thanks!
User
6 years ago
last modified: 6 years ago
A den is different than a living room.

In CA, the homeowner is responsible for the permit. In your case, I would not apply for a permit. If there was electrical work done, I would hire a licensed electrician to inspect the electrical work, ensuring it was done to code. I have San Jose Electrican experience. $100-150 for an inspection.

How to get permit after remodel in CA?

Helen

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Geneviève

dsgts

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How to get permit after remodel in CA?

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