Custom Residential Architects Network

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it

I assume that different jurisdictions have different enforcement protocols.  Where I practice (Northern Virginia), this wouldn't be a problem.  You are not responsible for something that was designed and constructed by someone else.  There is no reason to flag the addition as being constructed without a permit - especially if you don't really know the facts.  Your standard of care is limited to the work that you design and control - as well as notifying the homeowner of any existing work that you know to be substandard or dangerous.  If your proposed work extends into the area that you suspect is non-conforming, the county might possibly prevent that work from moving forward.  But, it doesn't seem reasonable that they would prevent interior renovation work on a structure that already exists, where no expansion is proposed.

My advice is that you treat it like any other existing structure.  For example, if you are remodeling a few rooms of a home that was built in the 1950s, you cannot be required to bring every element of the entire house up to today's code.  And there is no reason to flag all the elements that are non-compliant.  It is understood that existing homes might not comply with today's code or zoning regulations.  You simply take responsibility for your own scope of work.

I hope this works out for you!

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it

Knowing this is not the answer you are seeking, but first things first.  Your professional responsibility includes not basing your actions or recommendations on "most likely" circumstances.  Was it permitted or not?  Was it required to be permitted?  Does it contain now hidden unknown structural conditions?  Is it otherwise out of conformity with building or zoning codes?  

Now, having performed appropriate due diligence, I think you explain the circumstance to the Owner, the potential pitfalls present, and jointly decide whether and how to proceed.

in my many years of practice, there were times when the thoughtless over reach of building departments caused me to recommend being less than forthright with those departments, when no health, safety and or welfare issues were involved.

i would never, did never knowingly, put my client at risk without their knowledge of such an action.

OK, let's see what the resident ethicists have to say about my position.

Best wishes

Mike Mense FAIA.                                           New York City and Snohomish Washington

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Mike Mense FAIA
Architect, Writer, Planner, Painter
mmenseArchitect
mensenyc on Instagram
Hamilton Heights, NYC and Snohomish WA

Original Message:
Sent: 12-26-2023 09:03 AM
From: Arben Sela
Subject: Existing conditions without a permit

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it

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Arben Sela AIA
BuildPlus Architecture PLLC
West Nyack NY
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It's an existing condition. Don't overthink it unless there is a potential danger to the owner. As you said, it was most likely done without a permit, but you don't know for sure. Assume the best and plan for the worst.

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Robert Ross AIA
Ross Design, Inc.
Atlanta GA

Original Message:
Sent: 01-04-2024 05:04 AM
From: Mike A. Mense FAIA Member Emeritus
Subject: Existing conditions without a permit

Knowing this is not the answer you are seeking, but first things first.  Your professional responsibility includes not basing your actions or recommendations on "most likely" circumstances.  Was it permitted or not?  Was it required to be permitted?  Does it contain now hidden unknown structural conditions?  Is it otherwise out of conformity with building or zoning codes?  

Now, having performed appropriate due diligence, I think you explain the circumstance to the Owner, the potential pitfalls present, and jointly decide whether and how to proceed.

in my many years of practice, there were times when the thoughtless over reach of building departments caused me to recommend being less than forthright with those departments, when no health, safety and or welfare issues were involved.

i would never, did never knowingly, put my client at risk without their knowledge of such an action.

OK, let's see what the resident ethicists have to say about my position.

Best wishes

Mike Mense FAIA.                                           New York City and Snohomish Washington

------------------------------
Mike Mense FAIA
Architect, Writer, Planner, Painter
mmenseArchitect
mensenyc on Instagram
Hamilton Heights, NYC and Snohomish WA

Original Message:
Sent: 12-26-2023 09:03 AM
From: Arben Sela
Subject: Existing conditions without a permit

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it

------------------------------
Arben Sela AIA
BuildPlus Architecture PLLC
West Nyack NY
------------------------------

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it

Hi, Arben -

My answer pretty direct.  So, my practice is across the river from yours (coincidentally).  Every town in our region requires permits for ANY alterations that exceed 'usual maintenance and repairs'.  That means the whole property might be inspected before and at intervals during construction of your project.  I recommend (for your sake and in the interest of your clients) that you raise this issue with them right away.  The completion of this project will ultimately mean bringing the c. of o. up to date.  With addition- alterations it always is wise (a strong start) to visit the building department, and request to view the property files - you'll see what permits have been filed, see the C. of O. history of the house, and (conveniently) you can get copies of recent plans for reference. It's always better to know as much as you can about the property you are working on, and most AIA Owner-Architect agreements state in the owner's responsibilities that "...the owner shall provide full information about ... the constraints and existing conditions of the project."   If the current homeowners, your clients, did the addition without a permit, you need to tell them that this current project and necessary inspections will bring that work to light, so they might need to 'legalize' that addition, which could be a parallel effort (assignment for you) to the interior alteration they originally hired you to do.  Hopefully, the addition was permitted, and they have a clear C. of O.!

Curious to know what the norm is or what others are doing in a situation like below:

• I am working on an interior renovation for a project for a single family dwelling, with no change to the zoning bulk. The dwelling however has an addition that was most likely done without a permit. Is there anything in the architects standard of care that would require me to flag this addition to the AHJ? 
• My plan of action was to do the interior alteration drawings and add a note to my drawings that the addition is not part of this certification or is to be filed / legalized separately. 

Any feedback would be appreciate it