Requirements for Legalizing an Existing Structure Without Building Permit
When the Department of Engineering Services is in the process of reviewing incoming applications, the property in question is evaluated to determine if there are expired permits or if there were structures or changes to structures on the property that would require a permit but were changed without a Building Permit (BWO). Although we may accept a new work application, that project will not be issued a Certificate of Occupancy if there are EXPIRED PERMITS, BWO STRUCTURES or CHANGES.
Most often, basements/garages/porches are converted to living space without a permit as well as adding/removing cellar entrances, walls, bathrooms, decks, portico/porch, pools, sheds, retaining walls, etc. These changes must be legalized with permits.
*A review of the property history is available on the Town website under the Site History page.
ALL existing BWO work needs to be legalized with a Commercial Building Permit or Residential Building Permit
Applications for Permits must be submitted on the Town’s application portal:
www.buildingpermitapp.com – Commercial Building Permit or Residential Building Permit
Filing Instructions for BUILT WITHOUT A PERMIT (BWO)
Includes changes made to any structure without an approved Building Permit or construction of any detached structure that requires a Building Permit. These applications can be submitted as separate applications concurrently with New Work applications.
Filing Instructions
The following items must be submitted to file for alterations to a building or structure:
- Property Owner Affidavit, filled out in its entirety, must be signed by the property owner and notarized.
- Recent complete surveys by a licensed land surveyor, showing the entire property and all existing buildings and structures.
- ‘As-Built’ Plans - Building plans must be in accordance with the New York State Building Code - Architectural.
- Photos of current conditions (interior) and structure (exterior).
• Suffolk County Department of Health Approved Application/Receipt with an R# is required with the application packet when adding a 'potential sleeping room' to any dwelling not on the sewer system. Speak to your design professional about this requirement. Fee will be determined based upon the square foot of the plan.
When appropriate:
- Articles of Corporation for the signature on the applications when the name of the property is in a corporate name.
- Proof of Ownership if the property history name is different than the applicant.
- Agent Authorization Letter - when an agent is representing the owner, we require a notarized letter stating the scope of their involvement including filing permits, answering questions, receiving permits, etc.
Applications and Payments related to Permits and CO’s must be submitted on the Town’s application portal: www.buildingpermitapp.com
If you need assistance with submitting your application, the Building Dept. is open Monday – Friday from 8:30am – 3pm, with self-service computer kiosks:
Town Hall - Building & Housing Room 115
100 Main Street
Huntington, NY 11743
Payment of Fees can be made in-person by check or on the portal by credit card.