Disclosures · 5 min read · Updated October 16, 2026

Selling a Home With Unpermitted Work

Before listing a home with work that may lack permits, pull the permit history, ask the building official what a correction involves and disclose what you know.

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If your home has work that may have been done without required permits, investigate it before listing. Identify what changed, request the permit and inspection history, and ask the responsible official how any missing approval can be addressed. Then describe the facts accurately in the sale process. A finished appearance does not settle whether the work was approved.

I recommend raising the issue early in your selling plan. Contact me with what you know about the project so we can coordinate records, professional review and marketing without guessing at its status.

Separate missing records from confirmed missing permits

Start by writing down the work involved: the room or structure, approximate date, contractor if known, and changes to structural elements or building systems. Distinguish facts supported by records from your recollections. A seller who cannot find a permit at home has a different starting point from a seller who knows no application was made.

Request records from the authority responsible at the time and place of the work. Give the address, parcel number, project description and any earlier address used for the property. Ask whether separate trade permits or older archived files need to be searched.

Keep the response, even if no record is found. It documents what was searched and which questions remain. Do not convert a limited search into the broader assertion that the work was definitely exempt or definitely unlawful.

Ask which requirements apply to the actual project

Minnesota's permit rule addresses construction and alterations requiring permits and lists exemptions. It also explains that an exemption from a permit does not authorize work that violates applicable requirements. See Minnesota Rules part 1300.0120. Have the building official apply the relevant requirements to your project and its history.

Ask whether the issue involves a missing application, incomplete inspection, changed use or work differing from approved plans. Each can call for a different response. A permit number alone does not explain whether the work was completed and accepted under that permit.

Avoid choosing a label such as grandfathered because the project is old. Obtain an explanation of the actual status and the evidence behind it. If someone uses that term, ask exactly which requirement or approval it refers to.

Create a project record sheet

RecordWhat it can help establish
Original and revised plansThe intended scope of the work
Permit applications and permitsWhat was submitted and authorized
Inspection historyWhat was inspected and what remained open
Contractor invoicesWho billed for which work
Construction photographsVisible details from before finishes were installed
Product informationEquipment or materials installed
Official correspondenceIdentified deficiencies and required next steps

Do not overstate what any single record proves. An invoice is not an inspection approval. A photograph of framing may help a professional understand the work but may not answer every structural or electrical question. Keep the original documents available so reviewers can interpret them directly.

For work done before you purchased, include the documents you received at that time. Ask your prior inspector or contractor for copies if relevant. Identify the source and date of each record so an older observation is not confused with a current evaluation.

Find out what correction would involve

Describe the facts to the building official and request the process for resolving the issue. Ask what plans, applications, inspections or professional evaluations are needed. If concealed work must be examined, find out who determines the scope and how the work should be scheduled.

Then obtain contractor estimates tied to those requirements. Do not ask for a cosmetic repair price when the unresolved issue is structural or involves a building system. A scope that simply says bring to code is too vague to budget or compare with another proposal.

The Department of Labor and Industry's permit resources identify separate permit categories, while its residential contractor licensing information helps clarify licensing questions. Use the appropriate professional for the work rather than assuming one trade can resolve every part of a renovation.

Compare the available sale paths honestly

Once the requirements are understood, you can compare completing the work before listing with offering the property while the issue remains documented. Your choice should account for cost, time, buyer financing and how important the affected space is to the property's use.

If you complete the work, retain permits, inspections, invoices and any final confirmation. Make sure marketing describes the final status accurately. Applying for a permit should not be advertised as a completed approval.

If the issue remains open, identify what information a buyer will receive and which responsibilities a proposed contract would allocate. A price adjustment alone does not perform corrective work or satisfy an official requirement. Ask an attorney to review terms if the allocation is complex or disputed.

Disclose facts rather than speculate

Minnesota's general disclosure statute concerns known material facts that could adversely and significantly affect use or enjoyment. See Minnesota Statutes section 513.55. Discuss the project and what you have learned with your agent so the disclosure is consistent with the records.

Use direct language about what was done, what is known about permits, and what the authority has said. Avoid both minimizing a confirmed problem and declaring a technical defect that has not been established. Attach supporting records through the appropriate process.

Do not describe a basement room as a legal bedroom or a separate apartment solely because that is how it has been used. Verify the relevant status before those descriptions appear in the listing. The preparing-to-sell guide can help organize accurate property information alongside other listing tasks.

Expect an independent buyer review

A buyer may still obtain an inspection and ask additional questions after you provide the file. Make access available under the agreement and explain any areas that remain concealed or untested. A recent correction should be documented, but it does not eliminate the buyer's review process.

If the lender or insurer requests records, supply the actual documents and let that professional decide acceptability. Avoid promising that a particular permit status will be acceptable to every loan program or policy. Identify unanswered requests early enough to address them within the transaction timetable.

The home-inspection overview provides useful context for the buyer's physical review. Keep that review distinct from the official permitting process so everyone understands which professional is answering which question.

List with a clear record

Before marketing, you should have a factual project history, an identified permit status and a documented next step for anything unresolved. That allows the asking price and sale terms to reflect the property that actually exists. If you decide to sell without correcting the work, selling your house as is in Alexandria covers what an as-is sale changes and what you still disclose.

Call or text (320) 219-2488 to discuss the project before you list. I can help organize the sale preparation around the records and professional findings, without presenting uncertain work as an approved feature.

Buying a home with an unpermitted addition? Read Buying a Home With an Unpermitted Addition.

Due Diligence

Buying a Home With an Unpermitted Addition

Review permits, inspections, zoning and repair scope before buying a Minnesota home with an undocumented addition, and put unresolved work into the offer.

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About the author

Janet Matchinsky

Janet Matchinsky, broker and owner of Home Match Realty

Janet Matchinsky is the broker and owner of Home Match Realty at 302 Kenwood St Ste 116 in Alexandria, Minnesota. She has been a full-time real estate broker since 2014 and works with buyers and sellers across West Central Minnesota, from Douglas and Pope to Stevens and Renville counties.

Call or text (320) 219-2488 any day, or email janet@homematch320.com. Janet answers her own phone and replies to every form personally.

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