A home can look perfect on the day of your showing and still come with problems that aren’t visible: an open building permit that was never closed, or a violation that’s been sitting on city records for years. When you buy the property, those issues can become yours to fix, and they can delay or even derail your closing.
The good news is that permit and violation records are public. Here’s how to check them before you buy.
Why open permits and violations matter
An open permit means work was filed with the building department but never received a final inspection or sign-off. A violation means an inspector found a condition that doesn’t meet code. Either one can cause trouble:
- Closing delays: lenders, title companies, and buyers’ attorneys often require open items to be resolved before closing
- Unexpected costs: closing an old permit may require new inspections, repairs, or hiring a licensed professional to refile the work
- Fines and penalties: some violations carry penalties that can follow the property
- Safety concerns: work that was never inspected may not have been done correctly
- Insurance and resale problems: unpermitted or unfinished work can complicate claims and future sales
1. In New York City, search the Department of Buildings records
The NYC Department of Buildings (DOB) keeps permit and violation records in two systems, and you should check both:
- Building Information System (BIS): search by address, or by block and lot, to see a property profile with jobs and filings, complaints, DOB violations, OATH/ECB violations, and certificate of occupancy information
- DOB NOW Public Portal: newer applications, permits, and some violations are filed here instead of BIS, so a property can look clean in one system and still have open items in the other
When reviewing the records, look for jobs without a final sign-off, active or open violations, and anything marked with outstanding penalties.
2. Check HPD for housing violations
For residential buildings in NYC, also search HPD Online, run by the Department of Housing Preservation and Development. HPD issues violations for housing maintenance code problems such as leaks, mold, pests, and lack of heat or hot water. These are separate from DOB violations and won’t appear in the DOB systems.
3. Review the certificate of occupancy
The certificate of occupancy (CO) states how a building may legally be used, including the number of units. Compare the CO with what you see in person. A basement apartment, an extra unit, or a converted attic that isn’t reflected on the CO may be illegal, and that can affect your financing, insurance, and plans for the property. Note that many older buildings were built before COs were required.
4. Outside New York City, contact the local building department
On Long Island, in Westchester, and across the rest of New York State, permits and violations are handled by the local town, village, or city building department. Some have online search tools, while others require a phone call, a visit, or a written request.
If records aren’t available online, you can submit a request under New York’s Freedom of Information Law (FOIL). You don’t need to explain why you want the records, and the agency generally has five business days to respond or acknowledge your request. Since that can take time, start early in the buying process.
5. Get your attorney and title company involved
In New York, your real estate attorney and title company typically run municipal searches as part of the closing process. Ask early whether these searches include open permits and violations, and what happens if any are found. Often, the seller can be required to resolve them before closing, or the parties can negotiate a credit or escrow.
How a home inspection helps
Public records only show what was filed. Plenty of work is done without permits at all. During a home inspection, we look for signs of renovations and conditions that may not match the official records, such as:
- Finished basements, added bathrooms, or extra kitchens that may not appear on the certificate of occupancy
- Electrical work, panels, or wiring that looks amateur or recently added
- Relocated walls, new windows, or additions that change the home’s original layout
- Newer mechanical equipment such as boilers, furnaces, and water heaters that typically requires a permit
If we spot work that looks recent or unusual, you can compare it with the permit history and ask the seller for documentation before you sign.
Do your homework before you sign
Checking permits and violations takes a little time, but it can save you from closing delays, surprise repair bills, and legal headaches. Combine a search of public records with a careful review by your attorney and a professional home inspection to understand exactly what you’re buying.
Buying a home in New York? Schedule your inspection with New York Home Inspections and get a clear picture of the property before you commit.