# Buying house with un-permit Double detach garage, and indoor staircase removed



## yoshi86 (Nov 30, 2011)

Please help!!! 

There is a house in Burnaby I really want to buy, the only problem is the owner built the double detach garage without permit, and also they removed the staircase inside the house to make it 2 separate units.

For the staircase removal, I am not too worry about it, since nobody will notice or complaint about it, so City of Burnaby will never know.

For the garage, I am afraid that if someone somehow complaints about it, I will have to get permit, and since its a really huge garage, I really doubt that it will qualify. So worst case I will have to pay to tear it down, which I don't really want it to happen. 

My main question is, I am afraid that if City come take a look at the garage, will they come inside the house and check other stuffs? If they find out that the staircase has been removed, to revert it back, it's a huge problem... 

Anyone has experience of City come check out stuffs?

Thanks!!!!


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## drip99 (Aug 27, 2009)

Since the staircase has been removed, make sure you check the structure of the house and the support walls. Moreover, is the garage breaking any bylaw zoning rules such as the length or width?


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## yoshi86 (Nov 30, 2011)

Thanks drip99,

Will the house inspector able to tell the structure ok, and also tell the garage is good for getting a permit?
Also, I couldn't find the length and width limit from City of Burnaby's website.

Should I just make an offer and subject to house inspection, and let the inspector give me the report?

or should I talk to a lawyer? 

so confuse


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## Four Pillars (Apr 5, 2009)

Not sure what your question is. 

You know there are some risks associated with this property, which I assume has lowered the price a bit. 

If you buy it, it might or might not cost you.


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## OhGreatGuru (May 24, 2009)

You also need to look into whether or not it meets zoning, building code, & fire code requirements for 2 separate dwelling units under one roof. This may be an illegal, or at least non-approved conversion, in which case you could be stopped from renting the units out. (And given that the previous owner built a double garage without a building permit, chances are he didn't get permission to convert the single family dwelling house to a duplex either.)

PS: When I re-read your post, you don't seem to be asking if you should buy it. Rather you are asking if you can get away with it due to possible lax City enforcement.


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## marina628 (Dec 14, 2010)

Keep your emotions out of this deal and ask yourself if they do find out are you prepared to spend the money to make it a legal two unit house and lose the garage.Or worst you find out you have to put it back to one unit and lose that revenue .


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## Charlie (May 20, 2011)

this is Greater Vancouver, so the stairway shouldn't be an issue. Just about every listing you see discloses "unauthorized accommodation" and even Vancouver's former mayor boasted about having an illegal suite. Besides the fact that you can't tell from the street -- nobody would care if they knew. New houses are built (and approved) with obvious design features meant to be modified after occupancy. 

The garage could be a problem, and they could ask you to take it down and rebuild with permits. You're probably OK if it's been there a long time, and not encroaching on anyone else -- but if it's new, and there's a complaint you could be in trouble. Your likelihood of a problem depends on how long its been there and whether it's 'in line' with the neighbourhood.

The seller's required to disclose the nonconforming stuff. It is offside, so no-one can give absolute assurances. How does the house 'fit' with the neighbourhood. Do the others have suites? Is the garage a monstrosity?

I'd be a little concerned about the sellers propensity to build without permits. What else has he done? So I'd spend a bit more on inspection to ensure it's thoroughly checked out -- electrical/plumbing etc.


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## kcowan (Jul 1, 2010)

What is the attraction of this particular property?


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## yoshi86 (Nov 30, 2011)

Thanks a lot for the replies, it helps a lot, coz I am a first time buyer, so I have zero experience.

Seems like this house has lots of potential problem for a first time buyer. The seller also don't want to deal with those problem and just want to sell the house. I am not sure if he would lower the price a lot, but I think as a newbie, it might be better for me to just look for a clean one.

Thanks again guys!!!


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## Mall Guy (Sep 14, 2011)

As mentioned by others, the zoning is as important as the permit issue (ie it might pass building inspection, but not the zoning by-laws), see link below. House inspector likely to be useless on these points (with rare exceptions in my experience anyways). 

When was it built/renovated? Might be legal non-conforming at this point.

http://www.burnaby.ca/Assets/city+services/building/Brochures+$!26+Bulletins/Zoning+Information/Accessory+Buildings.pdf


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## Karen (Jul 24, 2010)

I think you're right, yoshi86 - there are too many potential problems and uncertainties with this house. I think you'd be wise to just walk away from it and look for something else.


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## superk (Dec 4, 2011)

Be aware that:
- secondary suites are not permitted in Burnaby (only in-law suites)
- there is a high likelihood the house does not meet fire code requirements
- there is the possibility the house is not safe as it was not done under permit and therefore without inspection
- duplexes are only permitted in certain zones
- with the unauthorized garage, it is quite likely the house is over the permitted square footage
- a house inspector will not be able to tell you whether a house is structurally safe or whether it meets zoning requirements.

I think you are better off walking away!


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