Once Cited, Illegal Guest House’s Days Are Numbered

Question: The home I may be buying has an unpermitted guest house, formerly a garage. The seller and previous owner have both been cited by the city for this unapproved use, and the building inspector has ordered that the garage be restored. Both owners ignored these citations. Does this problem sound like a deal breaker?

Answer: In many cases, unpermitted guest houses can be used indefinitely without any problem. But there are no guarantees, and the building department has the power to fully enforce code and zoning requirements.

In this case, existing citations should be regarded as a serious red flag, and I would advise caution.

If you buy this property, it should be with the understanding that you will probably have to reconvert the guest house at some future date. The property should be appraised as though the guest house is still a garage and as though no rents are being derived from that occupancy. You should also consider the costs associated with reconversion to a garage, in the event that this is finally mandated.

Remodeling Work Requires Permits

Question: I’m buying an older home advertised as fully remodeled. The seller disclosed in writing that all work had been done with permits. But when my home inspector found no firewall between the house and garage, he recommended that I call the city to verify permits. That turned out to be wise advice, because the building department had no record of any remodeling work.

Now the seller says the home was “redecorated,” not remodeled, and that this does not require a permit. The work, however, included new wiring, new water piping, complete reconstruction of the kitchen and bathrooms, and much more.

These revelations have completely undermined my confidence in everything that the seller said. I’d like to buy the home but am afraid to proceed with the sale. Do you have any advice?

A: Honest and unfiltered disclosure is the core and essence of all equitable business transactions. In today’s litigious business environment, it is surprising that any seller would undertake the risky position of false or incomplete disclosure.

According to Chapter 1 of the Uniform Building Code, permits are required for buildings that are altered, repaired or improved. Even for work that is exempted by the code, separate permits are required for plumbing, electrical and mechanical work. Therefore, the alterations at the home you are buying are subject to permit requirements.

If you proceed with the sale and accept the remodeling work without permits, you will have to disclose this noncomplying circumstance to future buyers of the property, and that could affect the value and salability of the property.

The best solution, at this stage, would be to apply to the city for an “as-built” permit.

Dangerous Fireplace Cancels Sale of Home

Q: My home fell out of escrow because of a fireplace problem that was found by the home inspector: The insulation plate has a small crack, and the estimated repair cost is nearly $10,000 because a whole new chimney is needed.

The inspector says this is a common problem with some precast fireplaces. Have you heard of this problem and is it really that expensive to fix?

A: Precast fireplaces are made of a single pour of concrete. They are factory-made and delivered to a construction site in one piece. The insulation plate is the Achilles’ heal of this type of fixture because it is only 2 inches thick, and any cracks can allow the passage of heat and smoke into the wall area, causing a potential fire hazard. Even when there are no signs of other damage to the fireplace, the insulation plate may have failed.

Unfortunately, the repair cost is high because the fixture cannot be repaired but must be replaced.

One possible solution that would be far less costly would be to install a fireplace insert with a metal flue liner. To learn if this solution is feasible, check with a vendor who sells fireplace inserts. The specifications with each insert will indicate whether that product is compatible with your fireplace.

Roots May Be Problem With Sewage Pipes

Q: We are presently selling our home, and the buyer’s home inspector expressed concern about the large tree in our frontyard. According to the inspector, roots from the tree could be damaging the main sewer pipe below ground. He urged us to find out whether the roots are affecting the pipe, and if so, to take corrective steps before the damage becomes worse. How do you check out something like this? And is there a way to do it economically?

A: Root problems are common with buried sewer lines, especially those with older piping. The fittings in old underground lines are often poorly sealed and have some degree of slow leakage. This can attract roots, which by their nature are always on the prowl for moisture and nutrients.

Once roots begin to penetrate the small gaps at pipe connections, their continued growth can separate and damage the lines, and root buildup within the lines can cause raw sewage to back up at sinks, toilets and other fixtures.

If you’ve had no problems with slow or backed-up drains, then concerns over roots in the sewer line may be entirely unwarranted. The fittings in the main line may be well sealed and resistant to intrusion.

Furthermore, not all tree species are prone to invading drainpipe connections. Some have deep tap roots or shallow surface roots, which may pose no problem. Consulting a tree specialist could give you some insight as to the inclinations of your tree in this regard.

For a definite evaluation of the integrity of your main sewer lateral, some plumbing companies provide video inspections inside sewer lines. This can be done for a relatively reasonable fee and will show you any and all defects in the line, including exactly where root invasion might be taking place.

Either you’ll gain knowledge of a specific problem needing correction, or you’ll gain peace of mind with the assurance that all is well in the subterranean waste conveyance beneath your front yard.

Does Water-Absorbing Lot Signal a Problem?

Q: When I bought my home, I was particularly concerned about drainage because of ground water problems where I used to live. I asked my home inspector to pay close attention to this, and he assured me that no drainage problems were apparent.

This week I was draining my hot tub, and the garden hose didn’t reach all the way to the street. So I let the water empty onto the driveway next to my house. I figured it would just cascade downhill to the gutter. Wrong!

It disappeared straight into the ground--all 100-plus gallons of the hot, bromine-saturated stuff. Not a drop showed up in the basement. What could be going on in the hidden world under my driveway?

A: The fact that your lot was able to absorb 100 gallons of water is not necessarily a cause for concern. There are numerous geological variables from one area to another, many of which can affect water percolation. For example, the soil in your area may simply have a sandy composition.

On the other hand, if you’ve noticed any other reasons to be concerned about soil stability, such as signs of ground subsidence or building settlement, check with your county engineering department or hire your own geotechnical engineer for a specific site evaluation.

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If you have questions or comments, contact Barry Stone through his Web site at https://www.housedetective.com.

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