RE Q&A: Should We Remove Garage Conversion?
A converted garage that wasn’t properly permitted can lead to citations, but options may include retroactive permits, compliance or legal action.
FORT LAUDERDALE, Fla. – Question: We bought a house a few years ago that has a converted garage, which the seller told us was done by the book. When we recently put in a shed, the town sent someone out to inspect it. The inspector noticed our converted garage and wrote us a citation. Now they are saying we need to remove the improvements and turn it back into a garage. Do we have any options? — Mary
Answer: Buying and owning a home can come with surprises. For some, it might be discovering an old plumbing issue; for others, a zoning or permitting problem, like an unpermitted garage conversion. While local regulations vary, the steps to address these issues follow a similar pattern.
First, stay calm and gather information. A citation from the town can feel overwhelming, but it does not mean you are out of options. Review the citation carefully to understand the violation and the applicable codes or ordinances. If anything is unclear, contact the town’s building or zoning department for clarification.
Most jurisdictions have the authority to enforce zoning and building codes, which may require removing improvements like an unpermitted garage conversion. Enforcement must follow the specific wording of ordinances, and courts emphasize that municipalities cannot exercise unfettered power.
Next, check your home’s records. When you bought the house, you should have received documentation about its condition, permits or disclosures. Look for any mention of the garage conversion. If it was done “by the book,” as your seller said, you might resolve the issue by providing proof to the town. If no permits exist, it could mean the work was unapproved, complicating matters but not necessarily ending the case.
This is also a good time to consult a professional — such as a real estate attorney or a contractor familiar with local codes who can help you understand your rights, negotiate with the town, or find ways to bring the conversion into compliance. Sometimes, applying for a retroactive permit is possible, though it might involve inspections or updates to meet current standards.
If the town insists that the garage be returned to its original state, you will need to do so. Be sure to document everything: take photos, keep copies of correspondence and save receipts. Should you end up taking legal action against the previous owner for failing to disclose the unpermitted work, this documentation will be essential.
Copyright © 2024 South Florida Sun Sentinel, Gary M. Singer. All rights reserved.