Does a seller have to disclose unpermitted work?

Updated October 6, 2026 · 4 min read

Short answer

In most US states, yes, if the seller knows about it. Many state disclosure forms ask the question directly, and California's asks specifically about work done without necessary permits. A seller is not usually required to investigate work they do not know about, and the rules differ by state, so check the permit record yourself.

What the law generally requires

Most states require a seller to disclose material defects they know about, usually on a standard form. The word that matters is know. A seller who bought the house with a previous owner's unpermitted addition, and was never told, typically has nothing to disclose.

Three examples

California. The Transfer Disclosure Statement set out in Civil Code section 1102.6 asks whether the seller is aware of room additions, structural modifications, or other alterations or repairs made without necessary permits, and separately whether any are not in compliance with building codes.
Florida. The duty comes from a court decision, Johnson v. Davis (1985): a seller who knows of facts materially affecting the value of the property that are not readily observable, and not known to the buyer, must disclose them.
New York. Sellers of residential property must deliver a Property Condition Disclosure Statement. Until March 20, 2024 a seller could give the buyer a $500 credit instead. That option was removed.

As-is does not cancel disclosure

An as-is sale generally means the seller will not make repairs. In most states it does not release the seller from disclosing defects they know about, and it does not protect a seller who hides them.

Why to check yourself anyway

The seller may not know. Work done two owners ago rarely comes with paperwork.
Disclosure forms rely on memory and honesty.
The permit record is independent of both, and searching it takes a few minutes.

Common questions

What if the seller answers unknown?

That is often true, and it tells you nothing. Compare the permit history with the house and ask about specific improvements: who did the kitchen, and was a permit pulled?

Do banks and estates have to disclose?

Often not. Many states exempt foreclosure, estate and court-ordered sales from the standard disclosure form. Those are the sales where checking the record yourself matters most.

What if I find unpermitted work after closing?

Read the seller's disclosure and talk to a real estate attorney about whether the seller knew. Then deal with the work itself through the building department.

Sources

This guide is general information, not legal advice. Permit rules vary by city and state. Confirm anything that affects a purchase with the local building department or a real estate attorney.