Most sellers think about paint, landscaping, and price before they list. Fewer think about paperwork. Yet one of the more avoidable sources of closing delays is a permit that was opened years ago and never closed, or from a project that was finished without one.
The good news is that this is usually fixable, especially if you start early.
What an "Open Permit" Means
In New Jersey, most construction work on a home falls under the state's Uniform Construction Code, and permits are issued and inspected by your town's construction office. A permit is considered open when the work was approved to begin but the final inspections were never completed and signed off.
That can happen for ordinary reasons. A contractor finished the job and moved on without calling for the last inspection. A homeowner replaced a water heater or furnace and never scheduled the final visit. A deck or basement project wrapped up during a busy season and the paperwork simply slipped.
Why It Matters When You Sell
Buyers' attorneys, title companies, and lenders often look at a property's permit history, and buyers may ask about it during attorney review or after the home inspection. An open permit doesn't necessarily mean anything is wrong with the work, but it raises questions. Those questions tend to arrive at the worst possible time, close to closing, when everyone is waiting on a town office to schedule an inspection.
Work that was never permitted can be more involved. Depending on the project, the construction office may need to see it, and in some cases may ask for parts of it to be opened up so it can be inspected.
How to Check Your Own Permit History
Before you list, we suggest a simple review:
- Request your permit records. Contact your municipal construction office and ask for the permit history on your property. Many towns handle this through an Open Public Records Act (OPRA) request.
- Compare the list with the house. Think back over the work done while you have owned the home: additions, finished basements, decks, roofs, HVAC replacements, generators, pools, fences, and tank removals.
- Flag the gaps. Note any permit that shows as open, and any significant project that doesn't appear at all.
Closing Out What You Find
For an open permit, the first call is usually to the contractor who pulled it, since they may be able to schedule the final inspection directly. If that contractor is no longer in business, the construction office can explain how a homeowner can complete the process.
For older work done without a permit, talk with the construction office and your attorney before deciding how to proceed. The answer depends on the work, the town, and the timing of your sale. Your attorney can also help you think through what belongs in your disclosure.
The Certificate Every Seller Needs
There is one piece of paperwork every seller of a one- or two-family home in New Jersey should plan for. Before the home changes hands, the owner must obtain a certificate from the local fire code enforcing agency showing that the home's smoke alarms and, where required, carbon monoxide alarms are in place and working.
A few practical notes:
- Carbon monoxide alarms are generally required in homes with fuel-burning appliances or an attached garage.
- Secondary power sources. If your home has solar panels, battery storage, or a standby generator, ask the fire official whether an identification label is required for your setup.
- Fire extinguishers. A 2025 change in state law (P.L. 2025, c.19) removed the portable fire extinguisher from these resale requirements.
- Timing. The certificate is not transferable, and validity windows can vary by town, so ask your local office how far ahead to schedule.
Some municipalities also have their own resale inspection or certificate of occupancy requirements, so it is worth calling the town early.
The Takeaway
None of this is glamorous, but it is one of the easiest ways to protect your closing date. A short records review before you list gives you time to fix small things calmly, rather than racing a deadline later.
Thinking about selling in the Somerset Hills? Call Fahey Realtors at 908.204.0600 or visit us at 61 Claremont Road in Bernardsville. We are glad to help you build a pre-listing checklist that fits your home.
