Knowledge Base

Requirements for Legalizing an Existing Structure Without Building Permit

Category: PERMITS/CO'S

When the Department of Engineering Services is in the process of reviewing incoming applications, the property in question is evaluated to determine if there are expired permits or if there were structures or changes to structures on the property that would require a permit but were changed without a Building Permit (BWO). Although we may accept a new work application, that project will not be issued a Certificate of Occupancy if there are EXPIRED PERMITS, BWO STRUCTURES or CHANGES.

Most often, basements/garages/porches are converted to living space without a permit as well as adding/removing cellar entrances, walls, bathrooms, decks, portico/porch, pools, sheds and retaining walls, etc.. These changes must be legalized with permits. 

*A review of the property history is available on the Town website

 

Check List for BUILT WITHOUT A PERMIT (BWO)

Includes changes made to any structure without an approved Building Permit or construction of any detached structure that requires a Building Permit. These applications can be submitted along with New Work applications. 

  • Building Permit Application (87-01) signed and notarized.
  • Two (2) current survey to scale, sealed and dated within the past six months. Must show all structures on the property. One original stamp and one copy. Each application requires its own documents.
  • Photos of the interior and exterior of the project (printed and labeled).
  • Four (4) sets of Building Plans ('As Built' plans). Building plans must be in accordance with the New York State Building Code - Architectural. 
  • Suffolk County Department of Health Approved Application/Receipt with an R# is required with the application packet when adding a 'potential sleeping room' to any dwelling not on the sewer system. Speak to your design professional about this requirement. Fee will be determined based upon the square foot of the plan.

When appropriate:

  • Articles of Corporation for the signature on the applications when the name of the property is in a corporate name.
  • Proof of Ownership if the property history name is different than the applicant.
  • Agent Authorization Letter - when an agent is representing the owner, we require a notarized letter stating the scope of their involvement including filing permits, answering questions, receiving permits, etc..

 

Applications and Payments related to Permits and CO’s can be sent via express or regular mail to:

Town Hall
100 Main Street
Huntington, NY 11743
ATTN: Building & Housing Room 115

- OR -

They can be dropped off in-person at the Building & Housing Department in Town Hall (Room 115).


Payment of Fees can be made in-person or over the phone by credit card.

Updated 8/9/2022 10:08 AM