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Open Permits & Home Sales · Westchester NY

Open Permits and Selling Your Westchester Home: What You Need to Know

By Cristian Poblete, Licensed Contractor WC-34542-H21 · Ossining, NY · Updated June 2026

If you're selling your home in Westchester, one of the most common last-minute surprises is discovering open or expired building permits. Here's what they mean, how they're found, and what to do about them.

How Open Permits Get Discovered

In New York State, every real estate transaction includes a title search. The title company searches municipal records for liens, judgments — and open building permits. If a permit was issued but never received its final inspection sign-off, it shows up as "open." This happens more often than sellers expect, including for work done 10-20 years ago.

Common scenario: A previous owner added a deck in 2008 with a permit, but never scheduled the final inspection. The permit has been "open" for 16 years. Your buyer's attorney discovers it and demands it be resolved before closing.

What "Open" Actually Means

A permit can be open for several reasons:

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How to Close an Open Permit

The process depends on the situation:

  1. If the work was done correctly: Simply schedule the final inspection. If it passes, the permit closes.
  2. If the work has issues: A contractor must bring the work into compliance, then schedule inspection.
  3. If work was never done: The permit may need to be formally abandoned or a new permit pulled.

We help sellers and buyers resolve open permit situations throughout Westchester. The first step is always a free consultation to understand what's actually open and what it will take to close it.

What About Unpermitted Work?

Unpermitted work is different from an open permit — there's no permit on file at all. Retroactive permitting is possible but often more complex. Some work (like an old deck) can be permitted retroactively after inspection. Other work requires partial demolition to expose structural elements for inspection. We advise on this case by case.

Dealing with an open permit before your home sale?

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