The Unpermitted Deck, the Closing Date, and the Records Request
A buyer's agent calls the permit desk two days before a scheduled inspection. A 16-by-20 deck with a roof was built on the rear of a 1970s ranch house in 2022, and no permit appears in the record. The seller has a closing in 10 days. The agent asks the technician to (a) confirm that 'there's no permit, so it's grandfathered,' (b) issue a permit retroactively dated to 2022 so the paperwork matches the build date, and (c) email 'all permit history and any complaints' on the property. The record shows a 1998 water heater replacement and a 2015 roof permit that was finaled. It also shows an open code enforcement case opened from a neighbor's complaint about the deck.
1. Answer the 'grandfathered' question accurately, including what the technician can and cannot say about the deck's status.
Read the worked answer
Correct the premise first. 'Grandfathered' or legally nonconforming describes a use or structure that complied with the code in effect when it was built and was later made nonconforming by a code change. It does not describe work that was built without a permit. Elapsed time does not create legal status.
What the record shows: no permit for the deck, and an open enforcement case. That case, not the permit counter, drives the process.
What the technician may say: the permit history for the property; that no deck permit exists in the record; that an open code enforcement matter exists and is handled by that division.
What the technician may not say: whether the deck 'meets code,' whether it will have to come down, or what the outcome of the enforcement case will be. The technician also cannot certify that the property has no violations - never issue a verbal or written clearance of that kind. Refer the agent to the code enforcement officer assigned to the case for status and to the building official for what a legalization permit would require.
2. Walk through the records request. What is released, in what form, and what cautions apply?
Read the worked answer
Route it, don't improvise. Send the request through the jurisdiction's public records process; do not email ad hoc from the counter, and do not assemble a narrative on request.
Likely releasable: permit numbers, dates, scope, contractor of record, inspection results, and final status - the 1998 water heater and the finaled 2015 roof permit are straightforward.
Needs the custodian's review: the open enforcement case. Many jurisdictions limit or condition disclosure of pending investigation records, and the decision belongs to the records custodian or legal counsel, not the technician. Say that the matter is open and that the request is being routed, without characterizing the case.
Cautions:
- Do not editorialize in the response - 'no permit on file' is a fact; 'the deck is illegal' is a conclusion.
- Do not accept a request to exclude the enforcement case from the response.
- Do not discuss the complainant's identity.
- Confirm the requestor's identity and the property address precisely; adjacent-lot confusion is common.
Give the agent the standard turnaround and the custodian's contact so they are not left without a path.
3. The agent asks for a permit backdated to 2022 'so the paperwork matches.' Respond, including what the legitimate process looks like.
Read the worked answer
Refuse, and explain why in one sentence: a permit is issued on the date it is issued. Backdating falsifies a public record and would misrepresent the inspection history - no inspector examined that deck in 2022.
The legitimate process:
- Apply now for a permit covering the deck as built.
- Plans reviewed for the structure and its connections, with footing conditions verified by inspection - which may require exposing footings or removing finishes.
- Current fees, plus any investigation or penalty fee the fee schedule authorizes for work without a permit.
- Inspections of the accessible conditions; corrections if the structure does not comply.
- Final inspection and closure, which in turn informs the enforcement case.
Be honest about the risk: the deck may not be approvable as built, particularly if footing depth, ledger attachment, or guard and stair details fail. Tell the agent that a 10-day closing is not a reason to skip the process, and that any party recommending otherwise is describing something the jurisdiction cannot do. Document the request and the refusal in the record, and notify the code enforcement officer of the contact.