Legal and Structural Fallout of Exceeding Building Plans: What You Need to Know

What Happens If Your House Is Built 1000 Square Feet Larger Than Approved?

If you find yourself in a situation where your newly constructed house is 1000 square feet larger than what your building permit plans called for, you might be wondering what the next steps should be. This situation can have significant legal and financial implications. Let's break down the potential ramifications and actions you should take.

Licensed Professionals and Huge Mistakes

First and foremost, if you knowingly built your house to a size larger than initially planned, you could be facing severe legal consequences. Submitting fraudulent plans could be considered a criminal offense. Unless you gave your contractor carte blanche to build according to his or her whims, you were likely aware that the end result would be larger than what you agreed to. Avoiding responsibility for such a mistake might backfire when you face questioning from the building inspector who had initially approved your plans.

Take Immediate Legal Action

To protect yourself, it's critical to take immediate action and contact a licensed attorney as soon as possible. The potential legal exposure here is significant. If you intentionally submitted fraudulent documents, you could be committing one or more crimes. An attorney specializing in property disputes and construction law can help you navigate the legal landscape and determine your best course of action.

Brace for Additional Legal Professionals

Your contractor might face similar legal challenges, particularly if you relied on them to build more than the permit allowed. It's wise to have your contractor also consult with the legal team you hire. They may seek to protect themselves by obtaining additional information, which could incriminate you. Clear communication with your contractor about the legal implications is crucial to protecting your interests.

Potential for Building Demolition

The building inspector will need to inspect the structure and may order its demolition if it does not conform to the approved plans. While adding a few extra square feet might be overlooked, the difference of 1000 square feet is significant. The inspector may not be able to perform necessary inspections due to the unapproved expansion, which can lead to the structure being deemed non-compliant. In such cases, the building may need to be dismantled and rebuilt according to the original plans.

Insurance and Policy Risks

If you submitted the original plans to your insurer, they may be less than thrilled about the so-called "mistakes." They could choose to cancel your insurance policy. If they suspect fraud, they may even contact your local district attorney, potentially complicating the situation further. To mitigate potential policy cancellations and legal issues, consider consulting with a legal professional who specializes in insurance disputes.

Post-Building Inspector Requirements

Once the building inspector reviews the expanded structure, they may insist on the creation of new plans and their approval before any modifications can be made. This process can be costly and time-consuming. Your contractor should be prepared for this possibility and understand the importance of submitting accurate and compliant plans moving forward.

Conclusion

The situation you find yourself in is highly complex and could have serious legal and financial consequences. Engaging with a professional legal team is essential to safeguard your interests. Avoid seeking "free" legal advice on social media or discussing the issue with friends, relatives, or neighbors, as rumors can lead to further complications. Addressing this issue promptly and professionally is the best course of action.