Your situation
The city sent a code violation notice, and you don't know where to start.
It's usually more manageable than the first read makes it sound.
You can sell a Massachusetts house with open violations. The notice stays with the property, though, so plan for it instead of hoping it goes away.
What's going on
The order stays with the house
A violation or order does not disappear at closing. A buyer's attorney and inspector will usually find it, and a buyer using a mortgage may need it closed out first. A cash buyer can buy as-is and price in the fix.
Unpermitted work is its own problem
The state building code's permit chapter says it shall be unlawful to construct, or demolish a building or structure without first meeting its permit rules. Towns handle old unpermitted work case by case, so ask your building department what they need to close it out before you decide anything.
A board of health can bill the owner
Under the sanitary code the board of health may cause the premises to be properly cleaned at the expense of the owner or occupant, and costs the town incurs can become a lien on the property. Your attorney will check what is recorded.
Free things to do first
- Get the paper. Ask the building department, board of health and fire department for every notice, order and permit on file for the address, and write down every deadline.
- Call the building department before anyone starts work. Ask what closes an open or missing permit, and how long it takes.
- Get a written quote for the fix, then compare three paths: fix and close out, sell as-is with the problem disclosed, or take an investor offer.
- Talk to a real estate attorney before you sign a listing agreement or a purchase contract. Do not hide a problem you know about.
A free tool for this
Municipal lien certificate
The town document that shows what is owed against the property, and how to get it before you sell.
Also usefulSelling as-is in Massachusetts
What as-is does and does not change, including what you must still provide.
Also usefulCash offer vs listing: the honest math
Compare what you keep from a cash offer and from a listing, with every assumption shown.
Want the long version with every step and source? The long version: selling a house with code violations or unpermitted work.
Common questions
Can I sell with an open violation?
Yes. Nothing we found in the state building code or sanitary code bars a sale. But the violation stays with the property, and a buyer who needs a mortgage may need it closed first.
Who pays for the fix?
Whoever the contract says. Often the seller fixes it before listing, or the buyer takes it as-is at a lower price. Ask an attorney before you sign.
Sources and notes
Updated November 8, 2026. General information, not legal, tax or financial advice. No pressure and nothing to sign.
- Mass.gov: 780 CMR (10th edition), Chapter 1, permits “It shall be unlawful to construct ... demolish a building or structure”
- MGL c.111 s.127B: board of health work at the owner's expense “may cause the premises to be properly cleaned at the expense of the owner or occupant”
- Mass.gov: 105 CMR 410, State Sanitary Code Chapter II “Establish minimum standards for housing to protect the health ... and well-being of occupants and the general public”
Other situations
You inherited a house, and you can't keep up with itYou're behind on the mortgage, and the letters have startedYou're tired of being a landlord: the calls, the repairs, the turnoverThe house needs too much work to list, and you can't face fixing itYou're divorcing and need to sell the house, fast and fair
Selling? Add drone photos
Show the whole property.
Aerial photos show the lot, the yard, the roofline and the neighborhood in a way street photos cannot. Many sellers add them to a listing, and they are a short, inexpensive shoot (typically $250 to $900).
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When you're ready, put in the address. You get a ballpark right away, and an offer only if you ask for one. You can stop at any point.
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