Selling guide

Selling a House With Open Permits: How to Close Them Out

An open permit is a building, electrical, plumbing or HVAC permit that was issued but never passed its final inspection. You can sell a house with one, but buyers, lenders and city point of sale reviews often flag it, so most sellers close it first by scheduling the final inspection. In Akron, building trade permits are issued by the Summit County Department of Building Standards after city approval, and City of Akron permits lapse 12 months after issue if work hasn't started.

What makes a permit “open”

A permit is open when the work it covers was never signed off by an inspector. The permit was issued, the work may even be finished, but the last inspection didn’t happen or didn’t pass. In the department’s records, the job is still in progress.

Common ways a permit stays open:

  • The contractor finished the work and never called for the final inspection.
  • The final inspection failed and the corrections were never re-inspected.
  • The homeowner pulled a permit for a DIY project and stopped partway.
  • The contractor went out of business before the job was closed.

An open permit is different from work done with no permit at all. That second problem is covered on our page about selling a house with unpermitted work.

Who issues permits for an Akron house

Two offices share permits for a house in Akron, which is why sellers often don’t know where to look. The City of Akron’s Plans and Permits Center explains the split:

OfficePermits it handlesPhone
Summit County Department of Building StandardsBuilding, electrical, plumbing and HVAC under the Ohio Residential Code, after Akron approves the project330-630-7280
City of Akron Plans and Permits CenterCity permits such as zoning, sewer, water, grading, right-of-way, razing and fire prevention330-375-2010

The Akron center is at 1030 E. Tallmadge Ave. and lists hours of 7:30 a.m. to 4 p.m. It does not describe an online permit search, so call to check a property’s status. Outside Akron, permits come from the city’s own building department or a county building department, depending on the community.

How long Akron permits stay valid

Akron’s own permits have a clock. The Plans and Permits Center says:

  • City permits are valid for 12 months from issue if work hasn’t started. After that, you must reapply.
  • If work is in progress, you may apply for a six-month extension.
  • Expired or unused permits are not refundable.

That matters for a seller because an expired permit can’t simply be finaled. A new permit, and possibly a new fee, may be needed before the work can be inspected. Summit County’s building permits have their own rules, so ask the county about any building, electrical, plumbing or HVAC permit.

What to ask when you call the permit office

Have the address and parcel number ready, then ask:

  • Are there any open, expired or failed permits on this address, and for what work?
  • Who pulled each permit, and when was it issued?
  • What inspections are still needed to close it?
  • Can the owner schedule the final, or must the original contractor?
  • If the permit has expired, does it need a new permit and a new fee?
  • Are there any code violations or orders tied to the address?

Write down each permit number and the name of the person you talked to. Ask for a printout or email of the permit history if the office can send one.

Steps to close an open permit before a sale

Most open permits close with one inspection. A practical order:

  1. Find every permit on the address. Call both offices and ask for the permit number, the type, the contractor, and the status.
  2. Call the contractor who pulled the permit and ask them to schedule the final. Akron asks for 48 hours’ notice to schedule inspections.
  3. If the contractor is gone, ask the issuing office how an owner or new contractor takes over the permit.
  4. Make any corrections the inspector lists, then schedule the re-inspection.
  5. Get written proof of the final approval, and keep it for the buyer.

Start early. A failed final and a re-inspection can take weeks, and you want the paperwork done before a buyer’s inspection or a closing date.

Where open permits come up in a sale

Open permits surface at three points:

  • The buyer’s due diligence. Buyers and their agents often call the building department, and some lenders and title companies ask.
  • City point of sale reviews. In cities with a program, such as Twinsburg, the city wants violations “corrected or assumed prior to closing.” Our guide to point of sale inspections in Northeast Ohio lists which cities have one.
  • The disclosure form. Ohio’s form under R.C. 5302.30 asks about material defects and conditions within the seller’s actual knowledge. If you know about an open permit or unfinished work, disclose it. See our guide to the Ohio residential property disclosure form.

Selling without closing the permit

If closing the permit isn’t practical, you can still sell. Options:

  • Disclose it and price it. Give the buyer the permit number and status, and let them decide.
  • Offer a credit or an escrow at closing for the cost of finishing.
  • Sell to a buyer who will take it on, such as an investor who plans to renovate and will pull new permits anyway.

Be clear in the purchase agreement about who is responsible after closing. A buyer who takes on an open permit becomes the owner the building department deals with.

Septic permits are a separate track

On a house with a septic system, the health department has its own permits. Summit County Public Health issues an operation permit for every household sewage treatment system, separate from any building permit. A new or replacement septic system needs its own health department permits too, so a building permit search won’t show them.

If the house needs more than one permit closed and you’d rather sell it as it is, you can tell us what’s open and we’ll factor it into a written offer.

Related questions

Good to know.

Can I sell my house with an open permit?

Yes. No Ohio law stops the sale. The buyer, lender or title company may ask for it to be closed, or for a credit or escrow, and a city with a point of sale program may raise it before closing.

Who closes an open permit, me or the contractor?

Usually the contractor who pulled the permit schedules the final inspection. If that contractor is gone, call the issuing department; it may let the owner or a new contractor take over the permit or require a new one.

How do I find out if my Akron house has an open permit?

Call the City of Akron Plans and Permits Center at 330-375-2010 for city permits, and the Summit County Department of Building Standards at 330-630-7280 for building, electrical, HVAC and plumbing permits.

Is an open permit the same as unpermitted work?

No. An open permit means the work was permitted but never got its final approval. Unpermitted work was never permitted at all, which is a bigger problem for buyers and inspectors.

Last reviewed by the Simply Sold Ohio team, Akron.

This page explains how the process generally works in Ohio. It is not legal or tax advice. Laws, court rules and fees change, so confirm the details for your situation with an Ohio attorney, tax professional or the office named above.

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