Unpermitted Work and Your Mortgage: What Buyers Should Know | LiveLendLA Skip to content
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Unpermitted work becomes your problem.

When you buy a home with unpermitted work, the seller’s shortcut becomes yours to deal with. It can affect your appraisal, your loan, your insurance and your eventual resale.

02  What you need to know

What unpermitted work means for appraisal, insurance and resale

Unpermitted work is construction done without the required building permits and inspections. In Los Angeles, it’s common to see:

  • Room additions and enclosed patios
  • Garage conversions
  • Accessory dwelling units (ADUs), the backyard or attached rental units
  • Added bathrooms or kitchens
  • Electrical and plumbing work done without inspection

How it can affect the appraisal

Appraisers often notice when the square footage or layout doesn’t match public records. Fannie Mae’s Selling Guide says that when an appraiser identifies an addition without a required permit, the appraiser must comment on the quality and appearance of the work and its impact, if any, on market value.

In practice, unpermitted living area may not be valued the same as permitted space. If the price assumes it counts fully, the appraisal can come in low.

Rental income from an unpermitted unit

If you’re counting on rent from a back unit to help you qualify, an unpermitted unit is usually a problem. Many lenders won’t count rental income from a unit that isn’t legal.

Insurance, safety and resale

  • Insurance: an insurer may question or limit a claim tied to work that was never permitted or inspected.
  • Safety: uninspected wiring, gas lines or structural changes can be real hazards.
  • Resale: the next buyer, their lender and their appraiser will face the same questions you do.

03  Real-world example

Example: a converted garage that isn’t on the permits

Say a listing shows a three-bedroom house with a converted garage used as a fourth bedroom and bath. The building records show a two-car garage and no permit for the conversion.

Here’s how it can play out:

AreaWhat can happen
AppraisalThe appraiser notes the conversion and may value it below permitted living space, or rely on comparable sales to judge its effect.
Loan conditionsIf there’s a health or safety concern, such as exposed wiring or no proper egress, the lender may require repairs before closing.
Lender reviewSome lenders decline certain properties with significant unpermitted work.
Your optionsRenegotiate the price, ask for a credit, plan to legalize the work, or cancel within your contingency.

Assumptions: general illustration. Outcomes depend on the appraisal, the loan program, the lender and the condition of the work.

Legalizing work after the fact can mean plans, inspections, opening walls and bringing the work up to current code. The cost and timing vary a lot, so get an estimate before you count on it.

04  What most people overlook

What buyers overlook about permits and disclosures

  • The seller’s disclosure doesn’t replace your own check. In California, sellers fill out a Transfer Disclosure Statement (TDS), but a seller may not know, or may not fully describe, what a past owner built.
  • You can check permits yourself. In the City of Los Angeles, the Department of Building and Safety (LADBS) offers online building records with permits and certificates of occupancy. Outside the City, contact the building department for the city or county where the property sits.
  • Some work can be legalized. LADBS has a streamlined path for certain unpermitted ADUs and junior ADUs built before 2020, under state law AB 2533. The City also has an Unpermitted Dwelling Unit ordinance for some units in multifamily zones. Each has its own eligibility rules and safety requirements.
  • Compare square footage everywhere. The listing, the assessor record and the permit history should tell the same story. If they don’t, ask why.

Pull the permit history during your inspection contingency, not after. That’s when you still have leverage.

05  How I’d approach it

How I’d approach financing a home with unpermitted work

Unpermitted work isn’t always a deal-breaker, but I want to know about it before the appraiser does.

Derek VailDerek VailLoan Advisor · NMLS #1233953

First, I ask you or your agent to compare the listing to the permit record as soon as you’re in escrow. If there’s a gap, I want to know how big it is and what it’s being used for.

Second, I talk through how the appraisal is likely to treat it, and whether the price still makes sense if that space gets little or no value.

Third, I match the property to the right loan. Conventional lenders and appraisers may be strict. Some Non-QM and portfolio programs can be more flexible with unusual properties, though they still depend on the appraisal and safety. On higher-priced homes, I also look at jumbo options. And while you’re checking what’s underground, see why the sewer line matters.

06  Get pre-approved

Get pre-approved with the property in mind

A pre-approval is stronger when your loan advisor knows the type of home you’re considering, including additions, ADUs or other non-standard features.

The application takes about 15 minutes. A pre-approval is not a commitment to lend; all loans are subject to verification and underwriting approval.

Every situation is different. Let’s look at yours.

Text me a few details about what you’re trying to do. I’ll tell you what I’d check first and which loan options are realistic.

Derek Vail · NMLS #1233953 · 323-823-7913 · derek@livelendla.com

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