Purchasing a home is often the result of years of planning and saving. Yet hidden risks can emerge long after closing one of the most common being unpermitted structures. Many homeowners assume they are safe if the deck, addition, or retaining wall was built by a prior owner, particularly if they had no knowledge of the missing permits. Others only learn of unpermitted work after the purchase is complete. Under California law, however, ignorance is not a defense.

A key principle is that building and zoning code violations “run with the land”—they attach to the property itself, not just the individual who performed the construction. As a result, current owners can be held liable for unpermitted work regardless of who built it. That said, if the prior owner failed to disclose the unpermitted structure before the sale, you may have legal remedies available.

What Counts as “Development” Under California Law

The California Building Standards Code (Health & Safety Code §§ 17910 et seq.) requires all structures to comply with applicable building, health, and safety regulations. California law defines “development” broadly, covering not only the construction, erection, and placement of structures but also their reconstruction, demolition, and alteration. In practice, almost any substantial physical change to property may qualify as “development” that requires permits.

What to Do if You Suspect Your Property Has an Unpermitted Structure

1. Verify Permit Status: Start by requesting a permit history report from your local building department. This report shows approved permits, inspections, and whether a Certificate of Occupancy exists. Sometimes a structure may have partial or expired permits that can be reinstated.
2. Bring the Structure Up to Code: If the work is truly unpermitted, your best option is to work with a licensed contractor to bring it into compliance. Cities often allow retroactive “as-built” permits, though modifications may be required.
3. Understand the Risks: Unpermitted work can create liability. If, for example, a deck collapses or faulty wiring causes a fire, the property owner may face tort liability and insurance companies may deny coverage. Compliance not only avoids city fines but also protects you financially and legally.

Potential Claims Against the Seller

If unpermitted work was not disclosed during the purchase, you may have a claim against the seller. Under California Civil Code § 1102 et seq., sellers must disclose known material defects, including unpermitted work through the Transfer Disclosure Statement. A failure to disclose may give rise to claims for fraud, negligent misrepresentation, or breach of contract.

How to Protect Yourself

• Before You Buy: Review the property's permit history and request documentation of permits for all structures and improvements.
• After Purchase: If you suspect unpermitted work, consult with an attorney or your local building authority about retroactive permitting or corrective measures.
• During Ownership: Stay informed about local ordinances and state laws that may affect compliance.

Consult an Attorney

Every situation is unique. Depending on the circumstances, you may need to:

• Challenge municipal fines.
• Pursue remedies against a seller or contractor.
• Protect yourself from liability in a future sale or injury claim.

An experienced California real estate attorney can help you evaluate your options and chart the best path forward.

Conclusion

The lesson is clear: what you don't know can hurt you. Proactive due diligence, timely legal guidance, and prompt corrective action can help avoid costly financial and legal consequences.