Skip to content
Multi-Family and Apartment Investing

User Stats

4
Posts
1
Votes
Kevin Nerio
  • Investor
  • Miami, FL
1
Votes |
4
Posts

Single Family Home turned into Unpermitted Triplex

Kevin Nerio
  • Investor
  • Miami, FL
Posted Nov 11 2022, 13:52

Hello all,

I'm currently in the process of purchasing a home. My sellers are going to pay off a hefty lien charge to the City due to doing unpermitted work on the house. It was a single-family home but they turned it into a 2bd/1br and 2 separate 1bd/1br studios so it really is a 4/3 (triplex). There are already tenants in the studios but odds are that the studios are not up to code. The sellers are giving me a 15K credit to get the house permitted correctly. Once they pay off the lien and I purchase the property, is the city going to make me get the house permitted or make me turn it back into a single-family home? Will the city give me a citation for the unpermitted work that the sellers did? What would be my best course of action before closing to be sure that purchasing this property won't end up being a mistake. After I receive all my credits, I will be getting the property for 55K under the appraised value. I'm a veteran using my VA loan for the first time. The property is located in west-miami shores unincorporated Miami-Dade and east of 95. I think it's a good deal but please let me know if you think otherwise.

Any advice on my next steps would be greatly appreciated! Thanks! 

Best Regards,

Kevin Nerio

User Stats

247
Posts
113
Votes
Bryan Hartlen
Pro Member
  • Investor
  • Phoenix, AZ
113
Votes |
247
Posts
Bryan Hartlen
Pro Member
  • Investor
  • Phoenix, AZ
Replied Nov 11 2022, 14:38

You should be asking the city. Besides the fine, the current owners most likely have an obligation to return it to the original configuration.  You’re issue will be zoning first; is a triplex an option as currently zoned?  If it is then you’ll need to have their work inspected which could require minor or major changes. I’d call the permit office and ask if it’s possible to have someone come look at the property (most likely for a fee) - but you’ll at least know what you’re up against before you sign.

User Stats

1,323
Posts
1,044
Votes
William Hochstedler
  • Broker
  • Logan, UT
1,044
Votes |
1,323
Posts
William Hochstedler
  • Broker
  • Logan, UT
Replied Nov 11 2022, 14:39
Quote from @Kevin Nerio:

is the city going to make me get the house permitted or make me turn it back into a single-family home?


You definitely need to ask this question directly to the county (I presume because it's unincorporated).  There are two things going on here: building code and permitted use.  It's possible that a triplex is not allowed at all.  If this property is already on the county's radar and was illegally converted, it doesn't matter if it's completely to code--it's an illegal use.

However, if it was just shoddy craftsmanship, you will be at the mercy of the building inspector.  So you should try to get an idea of the county's reputation about how tough they are with this type of thing.  Have a good contractor go through it to give you a sense of what it'll take to make the city happy if you can get the use approved.

Good luck!

BiggerPockets logo
BiggerPockets
|
Sponsored
Find an investor-friendly agent in your market TODAY Get matched with our network of trusted, local, investor friendly agents in under 2 minutes

User Stats

181
Posts
56
Votes
Replied Nov 12 2022, 09:03

You definitely need to ask this question directly to the county (I presume because it's unincorporated). There are two things going on here: building code and permitted use. It's possible that a triplex is not allowed at all. If this property is already on the county's radar and was illegally converted, it doesn't matter if it's completely to code--it's an illegal use.

Look for a local General Contractor that can help with that, paying a fine is not the same as fixing violations. work without permit ? if you add a kitchen or a extra bath that is mayor work done. You need professional advice 50K will not solve all the issues.

User Stats

580
Posts
668
Votes
Leo R.
  • Investor
668
Votes |
580
Posts
Leo R.
  • Investor
Replied Nov 12 2022, 09:19

@Kevin Nerio as others have mentioned, you'll want to talk to the city/county and do all your homework on local permitting/zoning/code.

You'll probably also want to get an experienced GC who understands zoning, code and permitting in your area to walk the property, and tell you what needs to be done (and how much it will cost)...you'll also want to talk with the GC and the city/county about what things can't be done (for instance, if you planned to do X, Y and Z to the property, but zoning/code won't allow you to do those things, obviously you want to know that before you buy the property).

Until you do these things, the $15k seller credit you mentioned is almost meaningless (because, you don't yet know whether the work needed will cost you $15k, or $50k). 

You also mentioned that you'd be getting the property "for 55k under the appraised value" --how do you know the value of the property, if you don't yet know all the expenses involved in getting the property permitted and up to code? You'll first want to understand all the expenses you'll face with the zoning/permitting/code issues before making any judgements about the value of the property.

Good luck out there!

User Stats

4
Posts
1
Votes
Kevin Nerio
  • Investor
  • Miami, FL
1
Votes |
4
Posts
Kevin Nerio
  • Investor
  • Miami, FL
Replied Nov 12 2022, 12:16

Hello all! Yes, I will be contacting the city this week to get more info. This is my 2nd property so I'm still learning! Thank you for each of your inputs!!

 

User Stats

5
Posts
6
Votes
Replied Nov 22 2022, 13:55

@Kevin Nerio You would most likely need to go through the re-zoning application process. The city will not approve permits for work until the property use is brought up to code. It's not as simple as paying off violations for previous un-permitted work. If the property is not zoned for sing-family use, but you are using it as a multy-family, you will continue to receive violations until the county approves the application for rezoning. 

Miami-Dade also just passed an ordinance (Read about it here) to allow additional dwelling units(ADUs) on single family zoned lots, allowing the owner to rent the ADU, requiring the owner to live in the main house. This new ordinance allows for just one ADU per property. So if you can reconstruct the house to be a single-family, with just one ADU, and you are willing to live in the house that could be you best bet at saving your investment.

Another option could be to contact a construction attorney who is involved in projects requiring more complex permitting or zoning applications. I have found some interesting contacts by searching properties here and following the links to zoning applications for similar properties in the same area. Happy to walk you through this site and share with you how I use it and other ways to find out what you can do on a property. Feel free to DM me.

User Stats

40
Posts
9
Votes
Jay Sandefur Jr
  • Flipper/Rehabber
  • Sacramento, CA
9
Votes |
40
Posts
Jay Sandefur Jr
  • Flipper/Rehabber
  • Sacramento, CA
Replied Dec 6 2022, 09:10

Do you mind sharing any progress you made on this?