If I bought a home with certain things out of code ie. staircase height for headroom. Could I sell it as is?

Question

I own a cape cod style home. Our basement stairs are not code, riser 8.75 inches high and tread is 10 inch and it would be impossible to make them code given the current distance of the rise and run. We ended up replacing them with a custom staircase. We don't have enough room to make the staircase longer it would hit the wall. Could a home inspector make us replace them if they are not code? When we go to sell?

Answer 1

If an inspector will not issue an occupancy permit (required in my area) without the repairs then they need to be done. You may be able to get a potential buyer to "sign off" on the repairs which will become his/her/their responsibility.

Answer 2

There is such a thing a "Grandfather clause" for old houses, that may be operative if you have an older home that precedes the code, things like ceiling height and steps would come under that, but you have replaced the steps after the code, and if they weren't exact replacements or repairs to the original you may not be covered. Check with your county or town building code inspectors office, you need to know now where you stand. It may not be as bad as you think, you may need only to disclose the aberration, or it may be nothing at all. Find out and put your mind at ease.

Answer 3

If the work was done according to codes in effect at that time, then you do not need to make changes. This condition is called "being grandfathered in." Many older homes have stairways, electrical systems, and other items that would not pass inspection, today. You are usually only required to update a system when you are remodeling in that part of the house. For example, renovating a Kitchen usually requires that the electrical and plumbing systems in the Kitchen be brought to code.

Answer 4

Code regulations change all the time. If your house was to code when it was built, it should be grandfathered in. So you shouldn't have to change it. When we bought our new house, we had it inspected and there were a few things not up to current code, but it didn't affect the sale because those regulations were new.

Answer 5

Yes you can sell it as is,but you will get the lowest price.My advice to you is to have those things fix.For a high price.