Lori Lovely edited the Real Estate Home section for the Indianapolis Star and covered the annual Dream Home construction and decor for Indianapolis Monthly magazine. She has written guides for selling houses and more.
Taryn Tacher , Senior Editor Taryn Tacher Senior EditorTaryn Tacher is the senior editorial operations manager and senior editor for HomeLight's Resource Centers. With eight years of editorial and operations experience, she previously managed editorial operations at Contently and content partnerships at Conde Nast. Taryn holds a bachelor's from the University of Florida College of Journalism, and she's written for GQ, Teen Vogue, Glamour, Allure, and Variety.
Whether you’re selling a mid-century ranch in an established neighborhood, a 1920s arts and crafts bungalow on a tree-lined avenue, or a brand new contemporary white box in a just-built subdivision, a home inspection may very well reveal code violations. This should not create a panic situation. While the news can be surprising and a little distressing, selling a house with code violations is possible. And the discovery of code violations is more common than you might think.
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DIY home repairs and renovations will almost surely have code violations. “They happen all the time,” says Jared Davis, a top real estate agent who works with 80% more single-family homes than the average agent in Richmond, Virginia. He speaks from experience as both an agent and a house flipper. Even work performed by contractors is subject to code violations.
The most frequent issue he sees is a lack of permits. “One flipper bought a house where the previous owner didn’t get permits for the third bathroom.” It came to light during the home inspection. “The contract fell through,” Davis reports.
If you’re facing a code violation, this post can help calm your nerves. We added expert advice from Bruce A. Barker, a member of the American Society of Home Inspectors Inc. (ASHI) and president of Dream Home Consultants, LLC, to our research on selling a house with code violations to help you determine your selling strategy.
Most cities and municipalities adopt a set of universal building codes for residential construction that are developed and updated by the International Code Council (ICC), collectively referred to as the International Residential Code (IRC).
Municipalities can then add more specific building codes, primarily for safety and public health. National codes, such as the National Electric Code (NEC), oversee electrical design, installation, and inspection.
In addition, individual Homeowners Associations (HOAs) can set codes intended to protect property values.
Any of these codes can change, particularly as technology evolves, making it difficult for the average homeowner to keep pace. For example, the NEC is updated every three years, so what was considered safe and up to code a few years ago may no longer be so.
“Codes change over time,” Barker reiterates. In addition to amendments and changes, he points out that each jurisdiction has their own set of codes. “For example, there are about two dozen jurisdictions in the Phoenix area. Each has a different set of codes.”
Code violations indicate areas that don’t comply with requirements, resulting in violation notices or orders of correction that explain the code and how to correct the substandard component to be in compliance.
Building code violations range from simple things a homeowner can fix to major repairs that require a professional’s expertise.
Other areas where code violations can be discovered:
It’s important to point out that a home inspector’s job is not to find and report code violations. “Our job is to find and report defects,” Barker says. While there may be some overlap, he emphasizes that the ASHI standard specifies that inspectors look for items that are:
As you can see, code violations can come in many shapes and sizes, and addressing them on your own can be overwhelming. For guidance on how to deal with your specific code violations, consult a qualified real estate agent. Partnering with an experienced agent who is knowledgeable about the local codes and requirements can take a lot of pressure off a seller.
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Whether or not you must fix a code violation in order to sell your home depends on where you live and what the problem is. Many issues do not have to be fixed to sell your home, but some state or local authorities may require certain safety issues to be corrected before transfer of property. Check with city hall, the building department, or your real estate agent to find out what must be addressed.
In addition, the buyer’s lending company may dictate if code violations must be fixed before purchase. For example, FHA loans typically won’t allow buyers to purchase properties with unpermitted converted garages or outdated electrical panels. This could become a negotiating point with the buyer.
Similarly, because homeowners insurance for a home that’s not up to code may cost more, that, too, may become a point of leverage that allows the buyer to negotiate a reduced sales price on your home.
Even if your state doesn’t require disclosure, it’s a good idea to inform potential buyers of any issues you know about; doing so could protect you from a lawsuit.
A title company will discover any liens or title defects, which must be resolved before closing, and a home inspector will note anything that’s a defect. According to both Barker and Davis, the home inspection is when most code violations are discovered.
Because many buyers include a home inspection contingency, they can walk away from a sale after discovering major code violations. “Most buyers don’t want to deal with repairs,” Davis says.
They may have to walk because code violations can make it difficult or impossible for them to obtain financing and insurance for the home.
Some specific buyer roadblocks include:
Encumbered title: If the home’s title is encumbered due to code violations, the seller can’t pass a clear title to a buyer until the violations are fixed. A buyer will likely not be able to get title insurance until code violations are resolved.
Unpaid fines or liens: Some code violations incur fines or liens, putting a sale on hold until they are resolved. The most common are unpaid taxes or HOA dues.
Mortgage restrictions: Many lenders won’t issue a mortgage for a property with code violations or liens.
Even if the buyer can get insurance, it’s likely to cost them. The Insurance Information Institute (III) says that homeowners insurance protects against “common perils” such as fire, theft, water damage, windstorms, and vandalism. If your home isn’t up to code, it’s considered more susceptible to those perils, making insurance premiums higher. Not all buyers can afford or will agree to pay higher premiums.
There are basically three ways you can deal with a code violation when you’re selling your home: fix it, offer money for someone else to fix it, or ignore it by selling your house as-is.
This option often depends on legal requirements, budgets, the scope of the problem, and the state of your local housing market. In a seller’s market, you will have more leverage regarding which, if any, violations you’re willing to correct.
Violations like these are often affordable and easy to fix:
These violations can cost more to correct but are generally still manageable:
Some items are better replaced than repaired. For example, if polybutylene piping is under a concrete slab, it will inevitably become damaged over time, so you’re better off replacing the piping altogether.
If the seller is unwilling or unable to bring a home up to code, offering a price reduction or a repair credit are options, particularly if the code violations don’t present a health or safety risk.
Because most buyers want a free and clear title, it’s almost imperative to reduce the price in order to attract a buyer willing to assume the responsibility of addressing any violations. Although some buyers may prefer to complete repairs to their standards, the National Association of Realtors (NAR) found that in 2023, 45% of buyers who purchased new homes wanted to avoid renovations and problems with plumbing or electricity.
Some examples of the most common credits sellers might offer include:
Issuing repair credits can put the buyer’s mortgage at risk because the lender doesn’t know if the repair is warranted or will be performed by the buyer, so a safer way to issue a credit is to simply reduce the home’s price.
Keep in mind that many loans only allow seller credits against closing costs, so technically, you cannot give a seller credit for repairs or things such as a carpet allowance, landscaping, or fencing. This could limit how much your “credit” can be.
For these reasons, working with a top agent who knows the market and has experience with code violation scenarios can be of immense value. A proven agent will know the ins and outs of mortgage loans, closing costs, and repair credits, and will be able to advise a seller on what repairs really should be taken care of and which ones can be skipped.
Your agent can advise if an as-is sale is right for you. Although this type of sale typically doesn’t command top dollar, it has other advantages, such as speed and the possibility that you may not need to disclose property defects.
Selling your home as-is to an iBuyer (instant homebuyer) before it hits the multiple listing service (MLS) may offer an attractive option if you don’t have the time or funds to bring it up to code. The pool of iBuyers includes institutional investors, national house flippers, and digital-age startups, all of whom purchase homes directly at scale.
If you’re considering an as-is sale but want to get an idea of how much a cash buyer might offer, you can consult HomeLight’s Simple Sale platform. Just answer a few questions about your home, its condition, and your selling timeline, and you can get an all-cash offer in 24 hours and sell your home in as little as 10 days, skipping the months it can take to sell the traditional way.
