Can I sell my Garden City house with an open building permit?

Short answer: It can happen, but in my experience it most often comes with a money penalty for the seller, and how much depends on whether it's a seller's market or a buyer's market. It's usually simpler to close open permits with the Village of Garden City before you list.

More detail. Under Chapter 68 of the Village Code, every permit needs a close-out inspection before the village issues a certificate of occupancy. Most permits expire six months after they're issued, unless the village finds substantial progress. You can apply in writing for two extensions of up to three months each, within 30 days after the permit expires. The fee schedule, amended Aug 6, 2025, sets a residential extension at 15% of the original permit fees, with a $125 minimum.

More projects need a permit than many owners expect. The village lists these: - Kitchen and bath remodels - Finished basements - Fences - Front driveways - Central air - Oil-to-gas conversions - Decks - Generators

The village says making sure permits are pulled is the owner's responsibility.

Here's how to sort it out before you list: 1. Ask the Building Department at Village Hall, 351 Stewart Avenue (516-465-4040, weekdays 8:30 a.m. to 4:30 p.m.), for your address's permit and certificate history. 2. Compare that history with what's actually in the house. 3. Schedule final inspections with 48 hours' notice.

Work that was never permitted can be legalized. The fee schedule charges three times the permit fee, plus building permit fees. Some projects need board review, and the village lists up to a two-month lead time for that. New York's Property Condition Disclosure Statement also asks about certificates of occupancy, so share what you find with your attorney.

Read more: How Do I Close Open Permits Before Selling in Garden City?