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Bought home which doesnt' have deck extension permit-Would Title Insurance cover the deck rebuilt cost?

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  • Mar 23rd, 2022 6:30 pm
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Member
Jun 19, 2005
244 posts
29 upvotes

Bought home which doesnt' have deck extension permit-Would Title Insurance cover the deck rebuilt cost?

Hello redflag community,
Looking for some expert opinion here.
We recently bought a house and were thinking of renovating the deck. City told me that they only have the original permit from the builder which has basic deck structure included but previous home owner extended the deck for which they didn't acquire any permit.
Now, if I ask City to issue me a removal notice as the deck was extended without permit and if I submit it to the Title Insurance, would the deck rebuilding cost will be covered by them?

Thanks in advance
7 replies
Jr. Member
Jan 27, 2021
179 posts
78 upvotes
studycertification wrote: Hello redflag community,
Looking for some expert opinion here.
We recently bought a house and were thinking of renovating the deck. City told me that they only have the original permit from the builder which has basic deck structure included but previous home owner extended the deck for which they didn't acquire any permit.
Now, if I ask City to issue me a removal notice as the deck was extended without permit and if I submit it to the Title Insurance, would the deck rebuilding cost will be covered by them?

Thanks in advance
what were you trying to renovate? if it was just sanding and restaining i dont think you would have needed to get city invvolved right?
if it was a tear down and redone maybe if the footprint was the same you could have done it anyways i would think
Deal Expert
User avatar
Jun 12, 2007
19270 posts
6289 upvotes
London
studycertification wrote: Hello redflag community,
Looking for some expert opinion here.
We recently bought a house and were thinking of renovating the deck. City told me that they only have the original permit from the builder which has basic deck structure included but previous home owner extended the deck for which they didn't acquire any permit.
Now, if I ask City to issue me a removal notice as the deck was extended without permit and if I submit it to the Title Insurance, would the deck rebuilding cost will be covered by them?

Thanks in advance
a) expert opinion - see the real estate lawyer used for your house purchase
b) No, only if was related to a title issue - like the deck was built outside the property line and then was ordered to be removed by the city

See:
https://www.kormans.ca/construction-def ... insurance/
Construction Defects and Title Insurance ...
.... Therefore, according to the case law in MacDonald and Breen, title insurance protects only against construction defects that would be revealed by off-title searches; the title insurance does not protect against property defects that would not be disclosed by such searches. ...
Deal Addict
Nov 17, 2012
4863 posts
4404 upvotes
Toronto
So you want to ask the city to participate in insurance fraud. Got it.
Sr. Member
Apr 29, 2007
914 posts
631 upvotes
Richmond Hill
studycertification wrote: Now, if I ask City to issue me a removal notice as the deck was extended without permit and if I submit it to the Title Insurance, would the deck rebuilding cost will be covered by them?
In general the answer is YES, sort of.
Title insurance will cover you if you are forced by the city to remove or remedy something built without required permits.
But you're not getting a whole brand new deck out of it. They will probably just pay for removal of the extension
Deal Guru
Jan 25, 2007
12238 posts
7419 upvotes
Paris
fkl118 wrote: In general the answer is YES, sort of.
Title insurance will cover you if you are forced by the city to remove or remedy something built without required permits.
But you're not getting a whole brand new deck out of it. They will probably just pay for removal of the extension
This makes sense. They aren’t going to remove and replace, but only pay for the removal.
Deal Addict
Apr 18, 2005
3605 posts
1834 upvotes
Mississauga
I think we just kaiboshed Ops plan of a new deck this summer.

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