Building without permits

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Building without permits

Hi, I live in Michigan not in city
limits and in the process of selling my
home and are closing on the 21st. The
house was inspected and the appraisal
has been completed. We had to fill out
a change of ownership form and We were
just told by our township today that we
need to get building permits for the
deck that I built about 7 years ago and
we have 2 like the ones you can buy at
home improvement stores and they said
that they need permits also, the
township assessor has driven by multiple
times and we never received anything
saying that we had to do anything.
Everything that has been done to our
house was done by me and is done to
code. I was just wondering if there is
a statute of limitation on requiring me
to pull permits in Michigan.

Thanks

Asked on February 13, 2019 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that a failure to properly permit construction and/or renovations constitutes an on-going violation. Accordingly, there is no statute of limitations for this. As long as the permits are not obtained, you are in breach of the law and will need to address this issue.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, there is no statute of limitations for this, because a failure to properly permit construction or renovations is a continuing violation: that is, you are continuing to violate the law so long as this is not done, and therefore the statutory period never runs out. You will have to address this and comply.


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