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condo1 · Guest

I recently purchased a condo in a 3 unit building. I had it inspected and no major problems were found. I recently hired a plumber to fix a leaky faucet and while he was doing so, pointed out that the plumbing system in the building was illegal and would be very costly to repair. The plumbing was not vented to the outside meaning if there were any sort of problems with the sewer system, the gasses would be directed back into the condo, not outside as the law mandates.

What sort of recourse do I have at this point. Is this something the seller should have disclosed? Is this something the inspector should have uncovered?

nemmar · Site Admin

The lack of a plubming vent to the exterior is a building/plumbing code violation in probably ALL towns/cities nationwide. However, it's usually not a major expense to repair since all that is required is that a new plumbing vent stack be installed in the plumbing pipe main drainage line that extends above the roof line of the building. You should see plumbing vent stack pipes protruding through the roof by one foot. These are needed to keep the plumbing drainage lines at atmospheric pressure. Maintaining atmospheric pressure is required so the plumbing lines drain properly. If there are no plumbing vent stacks then you might hear gurgling noises from the interior sinks and drains. And you could have a problem with sewer gases and odors entering the house through the drainage lines - if there are no "U" traps in the drainage pipes or the "U" traps are not functioning properly. Is there a plumbing vent stack in the roof that just isn't hooked up properly?

From your post it seems that there are only 3 condos in this building. So you only have a few people on the condo board that would oversee the maintenance and common area fees, repairs and management. You should first ask the other condo owners and the condo board/administrators if and what they knew about this problem. You need to identify if the problem with a missing exterior plumbing vent is isolated ONLY to your condo or to all the condos. If the other condos have the same problem then you should find out from the owners when they learned about this and what actions were taken to correct it. Also, ask them if the seller of your condo or the Realtor were aware of this problem. If the seller or Realtor were aware of the problem then they are required to notify all potential buyers of the problem before the contracts are signed or the closing.
If the problem is ONLY with your condo plumbing then you need to ask the other condo owners or the administrators if and when they were aware of this problem and why the condo board did not repair or force the prior owner to repair the problem.

Next, you need to find out how your condo passed the local building inspection with this problem condition. For example, it's possible the prior seller or had plumbing work done in the condo unit and the plumber did NOT get legal permits and inspections from the local town hall building inspector. This is a VERY COMMON problem which I warn people about in my books and teach them how to check for this before they close on a real estate deal!! If the prior owner had plumbing work done without getting the proper permits and approvals from town hall, then both the seller and the plumber may be liable for the repairs needed now.

As far as your home inspector is concerned, I will say that the home inspector is probably NOT liable for any error since the plumbing vent stack is not visible from the interior unless the inspector has access to an unfinished attic area and he can see all areas to determine if a plumbing stack is visible. If there is no plumbing vent stack on the exterior roof area and the whole roof is visible, then perhaps the inspector should have noted that. However, I will say you need to determine how much your inspector DID tell you about the condo with his/her inspection and written report. For example, during a home inspection, a top qualified inspector will make hundreds of evaluations of the house/condo to assist you in your investment decision. Since a plumbing vent stack is always installed from the time of the original construction, this aspect may have been overlooked by your inspector because it is NOT the home inspector's job to determine if a house/condo meets all the local building codes. It's possible there is a pipe protruding through the roof that looks like a plumbing vent stack but it's not or it's just not hooked up properly. A home inspection is NOT a building code inspection. Your home inspector may have identified many other more important and expensive items/problems/conditions in the condo that saved you a lot of money. If your home inspector made a mistake by overlooking the lack of a plumbing vent stack on the exterior roof then it doesn't mean that he/she did a bad job or is a bad inspector. Home inspector's are human and sometimes they make mistakes because they have to evaluate hundreds of items in a house/condo.

Basically, it's probably not a major expense so first determine if the seller, Realtor, condo board, or town building code inspector were aware of the problem. Then get estimates to repair the problem and discuss this with your attorney, home inspector, and the town building inspector before you decide who should have notified you about this problem before the closing. Then you must fix the problem and make sure you only hire a licensed plumber and that he/she gets all required permits, approvals and inspections from town hall so you know the work done meets the local building codes.