When a loved one dies and you inherit a house or other real property, coping with their loss is stressful enough. Not to mention the work of settling the estate. All the more so if you plan to sell the property and suddenly realize that there’s a shed or other structure that was constructed without a permit and could complicate the sale.

Permitting issues can be frustrating and complicated. Trying to resolve a permit issue before closing on the sale of a house can delay closing periods, add additional expenses, and sometimes even lower your profits. Too often, the need for a permit is forgotten until it arises and gums up your efforts to sell the property at a later time

Exception for Older Unpermitted Structures

With statutes dating back to the 1700s, Massachusetts permitting laws can be outdated and confusing. The good news is that the Commonwealth offers an exception that may save you a headache in settling an estate. MA CH 40A Section 7 states that real property that has been improved by erection or alteration of one or more structures that have been in existence for a period of at least 10 years, which have not received notice of an action, suit, or proceeding as to an alleged violation, are deemed to be legally non-conforming structures.

In short, this means that the shed your parent built in the backyard 15 years ago without a permit doesn’t need to be removed before selling the property, and you likely won’t face any violations or fines. Nonetheless, the shed is still subject to local permitting laws that regulate non-conforming structures. Note that most Massachusetts cities and towns enact and enforce their own permitting laws. It’s wise to always check with your local government before erecting or altering any structures.

Our attorneys at Mountain Dearborn can help you sort out complicated permitting issues and exceptions regarding sale of a house or other real property. Please contact us here.

Tyler Toothman is a third-year law student at Suffolk University Law School and will be joining Mountain Dearborn as a full-time associate this fall. He has a strong interest in trusts and estates. Tyler also plans to further his expertise by completing his LLM in Taxation at Suffolk University Law School in 2027.

Image: Sebastian Huxley