Is it legal for the city to put a lien on a property if no permits were made to remodel a bathroom?
The contractor we hired said it wasn't necessary to get permits on his work. We believed him and proceeded to remodel our bathrooms. Somebody ( probably a contractor we didn't hired) reported our work to the city and they put a lien on our house until we take all the tile down and get permits. The job cost us $55,000. - taking the tiles down is not an option- we don't have the money. We had saved for the remodel. Is there a way around this to get the lien off the property?
Jay2013-07-09T08:39:47Z
Favorite Answer
First, make sure that you're really in violation.
Is this is just a re-tile job, then a permit may really not be necessary. On the other hand, if plumbing, electrical, or structural work is being done, then a permit would be needed.
In other words, check the violation you've received, as it should contain the sections of code that you've violated.
OK, so lets assume that you did violate code. For example, that plumbing work was done that is now covered with tile.
In that case, you really do need to remove the tile to have the new plumbing inspected. To be within code. You could take legal action against the contractor, since they are the ones with a license that can be revoked for not acquiring permits.
As for the lien, this means that you can't sell the house without disclosing that it has unpermitted work done. The buyer may not care, but it's risky for all.
You only mention tile work. That is totally cosmetic like painting. There must have been plumbing and electrical as well. Those require permits. As someone else mentioned, you will not be required to remove everything if it can pass inspection. You will simply have to take out the proper permits and probably pay a penalty. $55,000 is enough tile to do an olympic pool in hand-made Italian tile, so there must be other work involved.
Yes, it's generally legal for any municipality to place a lien on private property to cover unpaid fees, fines and interest. You would only need to get a permit and pay the fees and fines to get the lien taken off. Whether you can GET a permit after the fact is up to the local regulations and inspectors' discretion (e.g., can they trust that the contractor did not "hide" things behind the tiles that would be in violation, allowing them to order the structure to be opened and examined).
Obviously the contractor is responsible for all fines, interest and any costs of redoing the job. You can sue them and put a lien on their entire business, if that's what it takes to get their attention.
It depends what country you are in, i live in the UK and for almost anything on a large scale Planing permission is required for such reasons as neighbour privacy. I had a conservatory built and by law had to have privacy glass (the wavy, very opaque type) on one side to stop me viewing my neighbours despite it being flush with a massive hedge obscuring the view. Yes you do need planning permission for some work but i couldn't tell you about bathrooms, not that I'm aware in the UK as mine is being remodelled as we speak. There are so many different factors to be considered but judging by the cost for such a large price some planning permissions were probably required. Take it up with the authorities and the contractor.
Hire a lawyer and appeal to zoning or ask for a variance. They should be willing to let the work stand, fine you a few grand and backdate the permits once you pass an inspection. Also consider legal action against the contractor. He should be carrying insurance against this kind of screw up and it's costs to fix