Municipal Searches and Open Permits

By Robbins, Bradd, Esq.

Every real estate purchase requires a title search to confirm that the seller of the property is the actual owner, and to determine if there are any mortgages or liens that must be paid and satisfied by the seller.  The title search also reveals restrictions or easements on the property, as well as any surprises, such as missing heirs and unpaid taxes. 

Over the past few years, it has also become customary in Connecticut to obtain a municipal search.  A municipal search will disclose what permits were obtained for construction and renovations, and whether the permitted work was inspected by the municipality.  It will not, however, reveal work performed without a permit, so if it appears that work was done on the property (such as the addition of a new deck, a finished basement, a new kitchen) it is important to let your attorney know so that the lack of a permit can be investigated.  A municipal report can also reveal information regarding heating oil tank removal and other important property details. 

Often a municipal search will reveal that a permit was obtained for construction and renovations, but the permits was never “closed”, meaning that the work was not inspected by the municipality when completed.  Requiring the seller to close the permit can delay the closing, but it will protect the buyer.  Connecticut has a statute, however, that allows for closing out of building permits without an inspection as long as nine (9) years have passed from the date of issuance of the building permit.  This statute (Connecticut General Statute § 29-265(c)) applies only to one and two-family dwellings, or structures (such as sheds and detached garages) located on the same parcel.  The statute provides that nine (9) years after the issuance of the building permit, if a Certificate of Occupancy has not been obtained from the building official, the open building permit is deemed closed.  This means that no enforcement action based upon the work can be brought by the municipality.  It does not mean, however, that the work was done properly. 

Your attorney will work with you to review a municipal search and to determine whether there are any open permits that need to be addressed. 

Finally, work done without a permit does not fall under the nine (9) year statute, and a prudent buyer should look to the seller to take the necessary steps to obtain a permit, have the work inspected and modified if necessary, and then have the permit closed.