Quick answer: an open permit is a permit that was issued but never closed with a final inspection. Open permits, expired permits, and work done with no permit at all usually come to light when the buyer's side checks building department records. Fixing them before you list is faster and cheaper than fixing them under a closing deadline.
The four problems buyers find
| Problem | What it means | Typical fix |
|---|---|---|
| Open permit | Work was permitted but never got a final inspection | Final inspection, correct any items, close out |
| Expired permit | The permit lapsed before it was closed | Pay renewal fees, then inspect and close |
| No permit | A deck, finished basement or bathroom built without a permit | Apply after the fact (penalty fees), drawings, inspection |
| No certificate of occupancy | Common in older homes; the house or an addition never got a CO | CO or a letter from the building inspector |
A Mt. Kisco real estate firm puts it plainly: in Westchester County, many older homes do not have a Certificate of Occupancy. That isn't always a problem. Some building inspectors will write a letter confirming that an older improvement predates the zoning code or didn't need a permit.
Why it matters at closing
- The lender: lenders usually require certificates of occupancy, so if your buyer has a mortgage, the seller typically has to get them.
- Cash buyers: without a lender, it's up to the buyer, who may ask for a credit equal to what they expect to spend fixing it after closing.
- Timing: closings commonly happen about 60 days after the contract is signed, and longer (90–120 days) when issues come up. Late surprises push dates.
- The title search won't catch it: open permits are found through building department records, not a title search. Don't count on the title company to warn you early.
What Westchester towns charge
| Work done before a permit | Records, letters & COs | |
|---|---|---|
| Town of Yorktown | Permit fee doubled. Expired permits: cumulative fees for the expired years | CO (under 4,000 sq ft) $125 · non-conforming CO letter $25 · pre-date letter $175 (master fee schedule) |
| Town of Cortlandt | All fees doubled. Expired permits issued before 2024: current renewal fee to close; from 2024: all cumulative renewals | Records request $150 + $20 per certified copy · residential certificate of completion $50 |
| Village of Ossining | Fee tripled, or $1,000, whichever is greater | Residential title search $150 · CO $75–$225 by job value · pre-date CO letter $100 first inspection |
| Village of Tarrytown | Legalization fee equal to double the permit fee | Residential CO $150 · copy $20 |
For the base permit fee these penalties multiply, use the Westchester permit cost calculator.
How to clear it before you list
- Pull your file. Ask the building department for your property's permit history and CO records. Do this before you sign with a broker.
- Compare it to the house. Walk through: finished basement, extra bathroom, deck, enclosed porch, garage conversion, new windows or a big kitchen remodel. Anything not in the file is a question a buyer will ask.
- Close the open permits. Finish any remaining work, book the final inspection, correct anything flagged, and get the certificate.
- Legalize the rest. Apply after the fact. Expect penalty fees, and for structural or larger work, drawings by an architect or engineer. Inspectors may need walls or ceilings opened to see framing, wiring or plumbing.
- Hand the paperwork to your attorney before the contract goes out.
Start two to three months before listing. Inspection calendars, drawings and corrective work all take time, and a buyer with a closing date has no reason to wait for you.
We finish incomplete permitted work, fix items that failed inspection, and open and patch walls for inspections, working with your architect or engineer when drawings are needed.
📅 Free estimateBuying, not selling?
Ask for the building department records during due diligence and compare them to the house. Write into the contract who pays to close any open permits, and leave enough time to object if something turns up. Your attorney will handle the wording.
This guide is general information from a contractor's perspective, not legal advice. Talk to your real estate attorney about your contract.
Related: Permit cost calculator · Shed permits in Westchester · Gazebo permits in Yorktown · How to hire a contractor
Also see: improvements worth making before you sell
Sources
Fees and rules below come from each municipality's published documents, checked October 2026. Towns change fees by board resolution, so confirm with the building department before you apply. This guide is general information, not legal advice.
- Betensky Law (Mt. Kisco): No CO, No Problem?
- The Donaldson Law Firm: Seller FAQ (Westchester & NYC)
- Kaleita & Lewis, Open Permits Can Open Up Issues for Property Owners (Law360/Mondaq, 2016)
- Town of Yorktown Master Fee Schedule (adopted March 4, 2025)
- Town of Cortlandt Master Fee List, Resolution 68-26 (February 10, 2026)
- Village of Ossining 2026 Fee Schedule
- Village of Tarrytown building fees (revised February 7, 2024)
Frequently Asked Questions
Yes, nothing stops the sale itself, but open permits and work without a certificate of occupancy usually come up during the buyer's due diligence. Lenders usually require certificates of occupancy, and a buyer may ask you to close the permits or give a credit. Closing them before you list is usually the cleanest path. Ask your attorney about your specific contract.
Ask your town or village building department for the permit history and certificate of occupancy records on your property. Some charge for a records search, for example $150 for a residential title search in the Village of Ossining, or $150 plus $20 per certified copy in Cortlandt.
Finish any remaining work, schedule the final inspection, correct anything the inspector flags, and get the certificate of occupancy or completion. If the permit has expired, most towns require a renewal fee first.
Towns typically charge a penalty multiple of the normal permit fee: Yorktown and Cortlandt double it, the Village of Ossining triples it or charges $1,000, whichever is greater, and Tarrytown charges a legalization fee equal to double the permit fee. Drawings, any corrective work, and opening walls for inspection come on top.
It depends on the work and the town's inspection schedule. Start at least two to three months before you list. Closings commonly happen about 60 days after the contract is signed, and permit problems found late can push that back.