Can we refuse entry of the building inspector and on what grounds, can we demand the certificate of occupancy?
Question Details:
We recently purchased and rehabbed a property. Prior to our purchase, the property had a keep vacant order placed on it. This was cleared by a health codes inspector However, the building department is refusing to issue a certificate of occupancy based upon suspicion that some non-permitted work occurred on the property (We filed two building permits on the property and passed inspection). The building department director wants to do a complete building inspection prior to issuing the certificate of occupancy. This could open us to liability of unknown problems.
Real Estate Law Answers
I think refusing the inspector is a very bad idea. If the building department suspects non-permitted work, your refusal sends a signal that will be interpreted as an admission of guilt on your part, and it would be a good bet that the inspector would be back a day or two later, with a court order in hand and a police officer backing him up.
If all the work was done under the permits, and you don't know of any problems, allow the inspection. There's probably no other way to get the certificate of occupancy anyway. If you do know of problems, you need to talk to your attorney as soon as possible.
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