A home
sale certificate is the document issued by the Township of North Brunswick
upon the determination that a dwelling is fit for human habitation
in accordance with the provisions of the Uniform Construction Code,
ordinances of the Township of North Brunswick, and the rules, regulations
and laws of the State of New Jersey.
No
owner, agent or broker shall sell, transfer or grant with right of
occupancy, whether or not for consideration, any residential dwelling,
unit or premises on which a building is located and used for human
occupancy, unless a home sale certificate is first obtained from the
Construction Office by use of the appropriate application and fees
provided herein. The owner shall afford the opportunity to inspect
the structure and premises and shall consent to inspection.
The
owner of the residential dwelling unit is hereby charged with the
responsibility for making written application in accordance with this
chapter for a home sale certificate. The buyer of such dwelling unit
may waive the seller's responsibility and assume the same; provided,
however, that such waiver shall be in writing, which said waiver shall
further state that the buyer is fully aware that he, she or it is
assuming responsibility for obtaining a home Sale Certificate pursuant
to this chapter, and provided further that such written waiver shall
be filed with the Construction Office.
A residential
home sale certificate shall be issued, provided that there are no
violations of law or orders of the Construction Official, in consultation
with the Zoning Officer, and it is established upon receipt of a notarized
affidavit and investigation of available municipal records that the
alleged use of the building or structure has lawfully existed. The
certificate shall evidence only that a notarized affidavit has been
received and accepted, and that no violations of N.J.A.C. 5:23-2.14,
as amended (Construction permits when required), and N.J.A.C. 5:23-2.18,
as amended (Inspections), have been determined to exist, no conditions
of violation of N.J.A.C. 5:23-2.32, as amended (Unsafe structures),
or unsafe conditions have been identified and no violations of the
Code of the Township of North Brunswick have been found to exist.
If, as the result of a sale listing, permit records search or a general inspection of visible parts of the property and its structures, finds any violation as set forth in Subsection A(4), the owner of property shall be notified of the violation(s) in writing by mail, or by delivering the notice to the owner or his agent. The notice shall identify the premises and specify the violations and any remedial action, along with compliance date. The notice will require the owner to satisfy the violations, file any necessary permits as required, and state that failure to correct the violations within the time specified shall result in fines as prescribed in the Uniform Construction Code
A home
sale certificate shall be effective for a period of 120 days. One
administrative extension of not more than 30 days may be granted.
If a dwelling fails to sell, transfer or grant with right of occupancy
within this period, and the dwelling remains for sale, the owner shall
make written application and obtain a new home sale certificate.
If
the application for a certificate states that the dwelling unit is
not intended for residential occupancy or human habitation, the requirement
for a home sale certificate may be waived.
Home sale
certificate. The fee for a home sale certificate for detached residential
dwellings (including one-, two-, three- and four-family dwellings)
shall be $150. The fee for a home sale certificate for attached multifamily
dwellings, commonly referred to as townhomes or condominiums, shall
be $125.