STRUCTURE COMPLIANCE REPORT™
What is a STRUCTURE COMPLIANCE REPORT™?
It is a report by a licensed professional engineer, certifying whether the existing structures/buildings are recognized by the authorized governmental agency, the report determines legality. The report is based on facts, not conjecture, and is based on official records, copies of which will be attached thereto. The report gives a certified determination of whether the existing structures/buildings have the governments’ knowledge and approval.
The report will verify the square footage of the building(s) and the living space(s) and the non-living space(s). The report will verify conversion of any use of space and whether or not any remodeling was done legally.
If there are deficiencies, the engineer will provide remedial recommendations to correct them.
DMP Engineering is NOT associated with any governmental agency.
Isn’t a Home Inspection Report the same?
No. The general purpose of a Home Inspection Report is to provide a prospective buyer, or existing owner, a written report on the existing condition of the building(s) in terms of value, desirability, habitability, or safety, NOT the legality. It looks noninvasively for visible deficiencies and safety hazards that are not easily known or observable to most. Often times, if not always here in California, the Home Inspection Report will say in its agreement, it is the client’s responsibility to review the permit history of the building and research any legal actions involving the property in question.
Isn’t this the same as a Structural Report?
No. The general purpose of a structural report involves an inspection, which most likely involves an invasive look, to assess the building’s structure, including the foundation, framing, and support systems. This type of inspection and report is typically done by a licensed professional engineer. The engineer will look for any signs of damage or distress and make recommendations for repairs. It looks at the existing structural conditions of the building/structure, and again NOT the legality.
If it is there already, it’s legal, right?
Not always. Almost every building/structure must have the respective governmental agency approve and inspect the building. This includes additions, alterations, and remodels, to name a few. There are instances where construction is performed by the owner without legal authority, i.e. no permits, and other instances where the owner didn’t know permits were NOT obtained by the contractor. The rules do allow some construction work without ever getting a permit, however, those instances are very limited. Even some fencing or walls may need permits and approval.
The prior owner would tell me, right?
Depending on the age of the buildings, the prior owner may not know if every structure/building is legally built or not. Or they may know, but didn’t think it is big deal to disclose. If you are buying a property, don’t you want to know if every building, construction, or addition was built with government knowledge? Because if the building wasn’t, and the government finds out, guess what? Ultimately, the current owner will be responsible for any illegal construction on the property. The time of discovery will determine if the prior owner or current owner is financially responsible.
So what if something was built without permits and the government not knowing, it’s my property.
Your rights, with respect to government, is a debate for another website. This statement becomes an issue when selling the property, IF the government hasn’t found out prior to the sale. As far as the law, and your potential buyer, views it, if the structure was built without permits and approval, then it technically does not exist as to the value of the sale.
My R.E. agent/broker would know and tell me, right?
Technically, yes. Throughout the selling and buying process, among the many duties and responsibilities placed on the R.E. agent/broker, is the disclosure statement. It’s a required form in real estate transactions and outlines any problems with a property that would impact the home’s value or safety. The R.E.’s primary source of information is from the current owner, and due to how bureaucracy can be, the current owner may think everything is fine, but in reality, is not.
Do I need one?
You don’t need one. BUT it is a very helpful and useful tool when you are buying or selling a property. A Real Estate purchase is one of the biggest purchases most of us will make, and knowing all the details of the purchase is important, including the question, is everything legal?
As for the seller, failure to disclose any non-permitted constructed structure/building (new, addition, extensive remodeling, etc.), whether known or unknown, is the financial and legal responsibility of the seller. Even after the sale.
For the buyer, discovering the illegally constructed structure/building would become a legal and financial nightmare to correct.
Depending on the time of discovery, either the seller or the buyer would have to deal with the nightmare.
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