ChitownLiving | Chicago Real Estate + Life

Have you ever represented a client that was purchasing a unit that comes with, or will come with, a roof-top deck? Well, if so, there are a couple of things you might want to clarify. It has been our experience that both clients and realtors are satisfied with the sellers statement that the unit comes with a roof-top deck or exclusive roof rights. However, a proper and legal roof-top deck should have been constructed in accordance with a City of Chicago building permit. A building permit gives you, your insurance company, your neighbors and the City assurance that specific minimum standards are met in constructing, altering, or repairing your home by complying with the Chicago Building Code. A permit is needed for new construction, major repairs, renovations, and demolitions, and for the installation of new boilers, furnaces, plumbing fixtures, garages, additions, porches, and decks. If the seller is unable to verify or produce such a permit, it may very well be likely that such roof-top deck is illegal. Also, if the seller in new construction says that the unit has exclusive roof-top rights, remember this does not mean that the Purchaser is free to construct a roof- top deck without the proper permits. If a Seller claims that a roof-top deck could be built, it is wise to ask for a copy of the building permit allowing this construction. If the seller is unable to provide such permit, the buyer is legally obligated to procure such permit before he/she constructs a roof-top deck. A great place to start to research the guidelines for a roof-top deck is the City of Chicago’s Department of Construction and Permits. Generally, your client should contact an architect to construct roof-top deck plans. Such plans need to be submitted to the DCAP for approval. This process can range from 1 to 3 months, but this is an estimate. Feel free to contact our office should you have any further questions or concerns. Chicago’s Department of Construction and Permits Website Article provided by Attorneys, Paul Garver & Thomas Hawbecker of Hawbecker & Garver, LLC. To contact them call 630-789-6833 or visit For more information contact Jeff Kerr by phone at 773-326-0048, email, or visit www.Kerr-Properties.com.