Selling A House With A Deck Without Building Permit

Published on April 3rd, 2023

A quiet place to enjoy your morning coffee, watch your dog run around your backyard, host family and friends, or simply lounge in the sunlight - your deck. Many potential buyers dream of the day when they can own a home with a deck to do all those things.

Simply put, decks attract buyers in this hot market. Maybe your home now has a deck - but was it constructed with proper building permits?

Selling a home with unpermitted work can be a challenge. A building inspector will connect with the local building permit office to check on your property prior to a sale. Maybe previous owners of your home installed a deck, or you could have without gaining construction permits. What then?

Selling as is an option since your home might not meet the building codes of your local municipality. Or you can even try to get retroactive permits for the construction. Throughout this article, we will discuss five ways you can sell your home, all of the risks involved with each, and how you can make your next move.

Selling To A Real Estate Investor That Specializes In Selling Homes With Unpermitted Work

Not having the proper permits for your deck isn't the end of the world, but local building codes and the stringency of mortgage companies may make it difficult to sell your home to a traditional buyer.

Real estate investors look to buy a house with unpermitted work as is. Often, these investments are made with cash offers to you as the seller without using real estate agents.

Investors know all the risks they are assuming and have a good grasp on the potential renovation costs, permitting process, and a working relationship with local building authorities that will make it easier and more cost-effective for them to bring the entire structure of the deck up to code.

Selling Through A Real Estate Agent On The MLS

Selling your home with unpermitted work with the use of a real estate agent can be done. Your realtor might suggest that you contact the city's building department to see if the previous owners (if your deck was already there when your purchased your home) applied for a permit or if your contractor did when they constructed it.

The reasoning behind this is that contractors lie about the permit process and might begin work before receiving proper permits or not complete the work up to the standards of the current building code. Honest, licensed contractors will have pulled permits for the work they did, and that will be noted in city records.

A potential buyer will need to see that such work has been permitted, whether past permits were properly filed or retroactive permits that you were able to obtain by having the city come out to inspect your deck - which can be time-consuming. 



Selling your house as is to a private home buyer might be a good way to avoid fixing the unpermitted work done by either you or the previous owner. Private home buyers often come with a cash offer to homes they know might need a little TLC - and they're ready to make it happen.

Most homeowners can go about getting the existing work properly permitted by retroactive permitting, but if you can't due to current construction delays or local policies, then this might be the best way to get as close to market value for your home.

Potential costs for repairs, such as a new floor installation on the deck, new support beams, or up-to-code railings, will all be something that a private home buyer will be equipped to deal with. Contact a real estate attorney to help with your contract so you can sell as is.

Keep in mind that as the seller, you are legally obligated to let the buyer know if you are aware of any issues with permitting or any rules that have been broken in accordance with the local ordinances when the entire project was constructed.

Selling At An Auction

Projects require permits, and if you can't get a proper permit, you might want to consider selling your house at an auction. To sell a house at an auction, you don't need to be in financial distress like most buyers would think. People attend auctions looking to buy houses that need work - which can be a serious risk or prove to be profitable.

Don't think you will have a standard home offer and purchase and sale agreement for full price, especially if the new buyer will have to deal with the unpermitted work and pull permits of their own.

Regular home auction attendees will know what to look for, such as a finished basement that doesn't look quite right or other signs of unpermitted construction.

For new owners to get an insurance policy on the home, they will need proper permitting for the deck and other areas of the home that have been finished and needed permits, which many homeowners may have neglected to obtain.

Selling To A Local Home Buying Company

Selling your home to a home-buying company is the fifth and final option. Online searches can help you find companies in your area that are looking to buy distressed homes within your square footage.

These home buyers often come with a cash offer and buy houses in all conditions. The local home-buying company that will come in and "flip" your home with a new contractor.

They will hire professionals to conduct the paint removal and make any other needed repairs, then sell your home for a profit.

After reviewing the five options, you might have a more clear idea of which option is best for you for saving money in the long run and will help you the most with loan repayment on your existing home mortgage.

For more information on selling a home in less-than-perfect condition, check out our full list of blogs.