When a Shed, Deck, or Pool Becomes a Legal Problem

On Long Island, many homes feature additions such as sheds, pools, or decks—some of which were added years ago without proper consideration for permits or paperwork. While these upgrades may seem minor, they can become major legal headaches when it’s time to sell. Unpermitted structures often trigger title complications, delay closings, and sometimes lead to costly disputes with local municipalities.

Why Permits Matter

Every town and village across Long Island enforces its own building codes and zoning laws. Homeowners are generally required to obtain permits before building or modifying most outdoor structures, including:

• Storage sheds

• Wood or composite decks

• In-ground and above-ground pools

• Fences above a certain height

• Retaining walls and patios

Skipping the permit process may save time and money in the short term, but it can create long-term problems, especially during a sale. Unpermitted additions are considered noncompliant and can become serious liabilities.

How Unpermitted Structures Affect a Real Estate Transaction

Title and CO (Certificate of Occupancy) Issues

When a property goes under contract, one of the first things a buyer's attorney will review is the Certificate of Occupancy. This document confirms that all structures on the property were legally approved and inspected.

If a pool, deck, or shed doesn't appear on the CO or if no CO was ever issued for the structure, it often leads to delays. Municipalities may require the owner to obtain retroactive permits, bring structures up to current code, or, in some cases, remove the addition entirely.

Appraisal and Insurance Complications

Lenders typically require an appraisal before issuing a mortgage. If the appraiser flags an unpermitted structure, financing may be paused or denied until the issue is resolved. Insurance carriers may also exclude coverage for structures not properly permitted, putting the buyer at risk if damage or injury occurs.

What Buyers Should Watch For

A thorough due diligence process is key. Buyers should:

• Review the Certificate of Occupancy for missing or outdated entries

• Compare the current layout with a recent property survey

• Ask for documentation showing that structures were built with permits

Even structures that appear well-built can be problematic if they were never properly legalized.

What Sellers Can Do in Advance

Sellers can prevent last-minute issues by addressing permit concerns early. Proactive steps include:

• Requesting a permit and CO history from the local building department

• Legalizing any additions made without approval

• Updating the property survey if changes were made

• Being transparent with buyers about past work and permits

These measures help ensure a smoother sales process and build trust with prospective buyers.

Common Scenarios on Long Island

• A shed installed decades ago sits too close to the neighbor’s fence and has no CO, prompting a violation during title review.

• An in-ground pool lacks the proper fencing required by local safety ordinances, and a permit is denied until updates are made.

• A deck was expanded into a setback zone without approval, requiring a zoning variance or partial removal to proceed.

These scenarios are more common than most sellers realize, especially in older homes where past improvements were made informally or by previous owners.

How Legal Support Can Help

An experienced real estate attorney can identify potential issues early, work with municipalities to resolve CO or permit gaps, and ensure that buyers and sellers are protected throughout the transaction. When the stakes are high, timely legal guidance can make all the difference.

Avoiding legal trouble over a seemingly simple shed or deck isn't always easy. Contact Taub & Bogaty at (516) 531-2500 or visit https://www.realestatelawny.com/contact to help prevent unpermitted structures from becoming dealbreakers.