All Forum Posts by: Jared W Smith

@Account Closed Exactly what I have said as a licensed architect. However I am lost as to how they became aware that you had a set of design documents.  

Also as others have stated, if it is not explicitly included in the contract, why they would think it was included with the sale? 

Sounds as though they are trying to scare you into handing them over. 

@Ben C. Good luck with that. Using the contractor's "architect" is a recipe for problems down the road, especially if the architect does not contract directly with you/owner and represent your best interest. I've seen this scenario play out where the architectural plans and filing/permitting was including within the Contractor's cost (and not a Design-Build firm) and you'll always have a go-between and will never have access to the "architect". The project can become a mess if there are any mishaps during design or construction. Plus the contractor has full control of cost for their benefit. No checks and balances.  

Bear in mind- From my experience, they may need to get a demolition permit first to safely tear down the current home/structure, then provide a full set of documents for the new home construction. Even if they are expedition with the new home's structure including assessing building & zoning codes, 3 weeks doesn't account for the owner's coordination of design, layout, neighborhood research, etc. Seems to be wishful thinking to get you to sign with them. Who knows if they'll deliver (unless you have a prior relationship with this contractor).  

Your architectural plan creation timeline varies greatly with the locale, municipality, architect's/engineer's workload & expertise, lot size, site utilities, soil conditions, age of current home, etc... I could keep going. Your best bet is to contact a locale architect to make a plan of actions and discuss the design & construction process.     

Jared Smith, RA 

Disclaimer: I am an architect, but I am not YOUR architect. I am not giving professional advice only general information. Contact a local architect/engineer for a detailed consultation specific to your project/locale.

@Daniel Coleman, @Kevin Martin is correct. Plans are “instruments of of service” and copyright to the architect or engineer that created it. If they’re proprietary and can be proved that their new project imulates yours, it can be a hefty fine and/or revocation of the design for the opposing entity. 

Also @Todd Rasmussen @Joe Villeneuve, I think he understands he needs to provide the plans to the Contractor for bids however their use is limited to the project it serves. 

@Luiny Tavares- You really should be asking that architect for this meaning so you can develop an understand of how he works and better assess if they are a match. Nevertheless, I believe he is talking of a site survey which contains the exact location of the home with all lot boundaries clearly dimensioned and shown. This essentially informs you of the extent of what you are buying. ALL property buyers should request this as a must have at or before closing. It's 99% of the time signed and sealed by a licensed land surveyor. Call you attorney/closing agent and ensure it will be provided to you tomorrow at closing. See an example attached below. This is usually a requirement for new renovations to a home, especially when an addition is involved with a new foundation outside the current building footprint.

Jared Smith, RA

Disclaimer: I am an architect, but I am not YOUR architect. I am not giving professional advice only general information. Contact a local architect/engineer for a detailed consultation specific to your project/locale.

Let me know more details when available @John Hickey

@Ole Midtbo if the addition is on the Certificate, then you have recourse in it's legality. You can then provide this proof to the City and have a leg to stand on. Otherwise if it is not, proceed as necessary to attain sign-off of everything. 

@Patricia Steiner @Ole Midtbo There is no such thing as gaining a variance to grandfather, unless this is a Florida-specific application. You attain a variance for non-conforming construction. Grandfathered construction is already non-conforming but was built and completed prior to a set of laws/codes being enacted. You can't gain grandfathering after the fact. You either have it or you don't. Unless this addition is 40-50+ years old, it is more likely not grandfathered. 

Going to the variance board is advisable depending on what's non-conforming and if they're likely to allow it. Otherwise your other option is to get various trades to sign off on their respective components (Plumbing, Electrical, HVAC, Structure, etc.). If your engineer is not privy to how this works, then retain a local architect whom can walk you through this process.  

I'm going to play devils advocate- did you purchase title insurance when you purchased home in 2015? Have you contacted your real estate attorney? This seems to be something that was missed and now has severely hindered you in your resale which should be compensated. Were you given a Certificate of Occupancy (or similar) at closing? This should have shown the addition, legalized. Owners need to make sure they get this document.

Jared Smith, RA

Disclaimer: I am an architect, but I am not YOUR architect. I am not giving professional advice only general information. Contact a local architect/engineer for a detailed consultation specific to your project/locale.

@Trevor Schuler I see. I've seen this before.. You best be prepared to pay a premium to have those trade professionals sign-off on work they didn't install then. It would ideal if you could locate the company/people that did the original work, but that may be very difficult unless your municipality has records of who pulled the permits. And even if they do, they may no longer be in business. Structural can be signed off by an engineer or architect. This may be tough, as I have never done this myself even though I've been asked. Too much liability unless the walls are still open. 

All the best in your venture.  

Just as @Michael Gravallese mentioned, it would be best to contact a local architect or engineer to review in what state the home is in now and advise on the things which would be required to comply with current code. 

However contrary to Michael, this isn't totally driven on fees. The code changes are implemented from the State (or even Federal) level down to county, cities and towns. The state doesn't get those review fees, the immediate municipalities do. 

@Trevor Schuler, if it hasn't been completed, or what we like to say "signed-off" there's no responsibility place for the completed home. This has ramifications in what further modifications can be done when there's no baseline of the home. AND one of the biggest ramifications for investors is the ability to sell the property. If it is not complete, then there is no Certificate of Occupancy (or similar doc) stating inhabitance is allowed. This could complicate or delay the exchange, especially if dealing with a bank. A whole slew of things come into play. Better for you to have the documentation on the property. "Grandfathered" is when a structure/home/building is completed before a certain set of laws are enacted. This home was never really completed and is to new to be considered grandfathered. It come down to  on what was done and signed off versus what wasn't.
 

Jared Smith, RA 

Disclaimer: I am an architect, but I am not YOUR architect. I am not giving professional advice only general information. Contact a local architect/engineer for a detailed consultation specific to your project/locale.

Adding to what @J.R. Coffin mentioned (which is correct), you cannot sell, lease/rent or otherwise occupy the residence until the updated C of O is issued in good standing therefore getting the conversation completed can be a lengthy process (ie: = holding cost $$$). Plus the aforementioned may limit your ability to refi the property. 

You mentioned they are properly zoned. Where are these properties? What does the zoning say? Most single family homes in Hudson Valley areas are zoned only for single family.. maybe 2-family but usually not as 3-family or more. @Chris Killoran