Replies

1. 
   DanH | Mar 15, 2016 09:30pm | #1

   How big are the sheds?  Foundation?  Are they currently wired?

2. 
   Mike_Mahan | Mar 15, 2016 10:00pm | #2

   Records

   Here in San Diego County, the assessors office has records that go back much farther than any of the building departments in the various cities. A few years ago a client in the city of Poway was cited for having several buildings without a record of permits. I went to the assessors office and obtained copies of hand written records from the 30s and 40s, long before Poway became a city. I supplied county permit numbers for all but one of the buildings. The one that did not have permit numbers was built by the Feds during WWII. My client was off the hook. 

   I can't say if this wiill help you any, not knowing anything about Carrol County Md or the age of your sheds, but good luck.

3. 
   deadnuts | Mar 16, 2016 08:12am | #3

   What's the story?

    An "open" permit means that a permit has been granted, but a final inspection has not been approved. Generally,  If no inspections have been performed within a one year period and no extensions have been approved, then that permit expires. The fact that the seller disclosed that no "open" permits exist for a non-conforming or unpermitted structure may, in fact, have been true.

   The fact that you have an existing, non-conforming structure does not relieve you from zoning and permit obligations. In other words, there aren't any "get out of jail free cards" that get issued for permit or zoning infractions when a  property changes ownership. Also, the county does not generally come by your site to tell you to file for permits for buildings on your property. . This issue generally comes up when trying to file for permit to improve a non-conforming structure, your property is being reassessed by the county, or a problem neighbor brings this issue to county's attention.

   What's the story here?

4. 
   florida | Mar 16, 2016 03:28pm | #4

   Yes, odds are you'll have to either reopen the old permit if it exists or get a new permit and have them inspected. I'd be humble, ask the building department for help and try for a new permit and inspections. Of course before I did any of that I'd hold the realtor and ex-property owners feet to the fire. Both could be in deep stuff over undisclosed deficiences in the property.  Might even be wortha call to lawayer.

5. 
   DanH | Mar 16, 2016 06:10pm | #5

   One thing to keep in mind (and the reason I ask about the nature of these "sheds") is that they may not have required a permit when they were built (and, in fact may still not require one).  Around here used to be (not sure anymore) that a "shed" smaller than some size and without a "permanent foundation" required no permit and, in fact, was not subject to any code restrictions at all.  And, if the code changed, any such pre-existing structure would be "grandfathered".

6. 
   renosteinke | Mar 16, 2016 06:36pm | #6

   Read The Code Cited

   Sheds do not usually require permits. Things that will bring a permit into the discussion include size (if over 200 sq. ft.), if electricity was run to the shed, if there is plumbing, or if it is used for a business. You'll have to read your local ordinance to see if there is such a requirement.

   Otherwise, you always have the option of tearing them down.

1. 
   deadnuts | Mar 16, 2016 10:15pm | #7

   other considerations

   renosteinke wrote:

   Things that will bring a permit into the discussion include size (if over 200 sq. ft.), if electricity was run to the shed, if there is plumbing, or if it is used for a business.

   I would add to this thoughtful list of considerations :Building height and proximity to property line.

7. 
   gfretwell | Mar 17, 2016 01:43am | #8

   Have they been collecting taxes on these sheds for the last   decade ?

8. 
   sawdust_steve | Mar 17, 2016 04:51pm | #9

   Watch out for the advice you get from others. What may apply in one area does not apply to others especially with regards to an ancillary structure. In my area I needed to get zoning approval, construction approval and inspections for a tree house that I had already completed! There are rules regading sheds around here such as set back form property lines etc

   Dont be phased by what the building department is asking for you can probably handle the filings and inspections yourself

9. 
   wmheinz | Mar 21, 2016 01:59pm | #10

   Permit..

   The County has instructed you the need for a permit.  You should ask them for the reasons and then verifying them with the County zoning and building code.  Short of a misinterpritation on their part (it happens), you will need to follow their lead.. 

   The fact you didn't build it has nothing to do with it and the fact it's been there for 10 years is also irrelevant.  This is a safety issue - does the structure meet minimum construction standards outlined in the building code?  Unfortunately, now the structure will likely have to meet today's building code....not the version that was in place when it was built.  Had it been permitted using an earlier version of the code, it would have been "grandfathered" and allowed to stand as is (unless you wanted to make major improvements - that would trigger updating the structure).  If you decide to proceed and apply for the permit, the inspector should review the structure and write a report outlining the changes that need to be made.  They could also require you to provide an engineer's report.  You haven't indicated how big the "sheds" are...one persons shed is another persons barn...

   It could also be a zoning issue (setbacks from property lines??).  For instance, if you're in violation of a setback requirement (building is too close to a property line), you could be required to ask for a variance and hope for the best (up to the county appeals process) or remove the portion of the building in violation...

   Believe it or not, most building and zoning departments are very helpful, especially with someone in your position and will bend over backwards to help you get thru the process..  Be sure you get all of the reasons for their decisions and spend the time to verify their conclusions.  Ask plenty of questions and get all the options available to you...

   Regarding the previous owners liability....best left to a real estate attorney.  You could certainly talk to the previous owner and explain the situation they've put you in...  You might talk to the attorney about the title company's liability, but they also are experts at limiting their responsibilites.. Using an attorney will likely cost you as much in fees as you might collect in damages from them..but it might be worth a couple of hours time to get a legal opinion so you can decide how to proceed...