Selling a House With an Unpermitted Addition in Arkansas

Cameron Torabi, Principal Broker — Mason Capital Group

8 min read

Older house with a new wood-frame addition with the crimson Mason Capital Group monogram, illustrating selling a home with an unpermitted addition

TL;DR: Selling a house with an unpermitted addition in Arkansas means dealing with the city first: Fayetteville charges triple the permit fee, with a $250 minimum (viewed October 29, 2026), and Bentonville doubles its fees. Under Fannie Mae Selling Guide B4-1.3-05, an appraiser who finds an addition without the required permit must comment on its quality and appearance and its impact, if any, on market value. Before you list, ask your city's building office what it requires for finished work.

What Happens When You Are Selling a House With an Unpermitted Addition in Arkansas?

The first thing that happens is a conversation with your city's building office, because the city sets the penalty and decides how to bring finished work into compliance. Three Northwest Arkansas cities publish different pieces of that answer.

Fayetteville's Development Services fee page (viewed October 29, 2026) lists residential building permits at $4.59 per $1,000 of valuation, with a $55 minimum. Plan review is 50% of the permit fee, and work done without a permit is charged triple the permit fee, with a $250 minimum. Tripled, the permit rate becomes $13.77 per $1,000 of valuation ($4.59 x 3). A reinspection costs $125.

Bentonville's Building Permit Fees page (viewed October 29, 2026) uses a valuation schedule: $30 for the first $1,000 plus $5.00 for each additional thousand, for work valued from $1,001 to $50,000. It says that when work requiring a permit starts before the permit is obtained, the fees are doubled, and that paying the doubled fee does not excuse compliance with the code or other penalties.

The Rogers Building Inspection FAQ (viewed October 29, 2026) says work started without a permit can bring a Stop Work Order or a Notice of Code Violation, and a penalty fee when the permit is issued. It does not give the penalty amount and does not address finished work. Building Inspections answers at 479-621-1100.

For you as a seller, that means the penalty depends on your city, and the fee schedules above are the only dollar figures to plan around. Ask the office what it requires for work already completed before you list.

How Does an Appraiser Treat an Unpermitted Addition or Garage Conversion?

An appraiser working on a loan sold to Fannie Mae has a written instruction for this. Fannie Mae Selling Guide B4-1.3-05 (section version dated 06/04/2025, opened October 29, 2026) has an Additions without Permits provision. If the appraiser identifies an addition that does not have the required permit, the appraiser must comment on the quality and appearance of the work and its impact, if any, on the market value of the subject property.

Read that carefully. The provision does not say the addition is worthless, and it does not say the loan is denied. It requires the appraiser to describe the work and say whether it changes value. That puts weight on what the appraiser can see: finish quality, whether the work looks like the rest of the house, and whether a garage conversion reads as living space.

This is where a buyer's lender can reopen the price. A contract written at a price that assumed the added square footage may meet an appraisal that treats it differently, and the gap between the two is the number you negotiate over.

For you as a seller, that means the appraisal is the point where an unpermitted addition can cost you money, not the listing photos. Having the city's answer in hand before the appraiser arrives gives the appraiser something firmer than guesswork to write about.

Do You Have to Disclose Unpermitted Work to Buyers in Arkansas?

Arkansas does not require every seller to disclose property condition, according to an undated Arkansas Real Estate Commission column by Gary Isom, then its Executive Director (viewed October 29, 2026). The Arkansas Realtors Association offers a voluntary Seller Property Disclosure form with close to 60 questions, answered Yes, No, Unknown, or Not Applicable. The Arkansas Realtors Association's contract form lets buyers request a copy as part of their offer; once you accept, that is a contract term you must meet.

The column describes the form's length and answer options and does not mention additions or permits. Do not assume the form is silent on the subject, and do not assume it asks. Read the version your agent uses, line by line.

Two practical points follow. First, a buyer who asks for the form is asking you to commit to answers in writing, so an answer should match what you know about the work. Second, your listing agent is bound separately: under the 2026 AREC Rules, 17 CAR § 220-1005, a licensee must make reasonable efforts to learn facts material to the property's value or desirability and must avoid intentional or negligent misrepresentation, so an agent who knows of unpermitted work cannot misstate it. Whether a particular answer on your form creates legal exposure for you is a question for an Arkansas real estate attorney.

For you as a seller, that means settling your disclosure answers with counsel before the first showing, knowing that your agent cannot misrepresent work they know about. Decide before the first showing, because the buyer's inspector and appraiser may find the work regardless of what the form says.

What Can an Unpermitted Addition Cost You at Closing and After?

The cost shows up as time, price pressure and tax. On time, Redfin reports Bentonville median days on market of 44 and a sale-to-list price of 97.9% for the three months ending September 2026. That is 2.1 percentage points below list (100 - 97.9). Rogers shows 30 days and 98.3% for the same period. Centerton shows 79 days, up 51 from a year earlier. A home that needs a permit conversation or an appraisal explanation has less room to absorb that kind of delay.

On tax, Arkansas assesses property as of January 1, and a sold property is reassessed at 20% of appraised value on the next January 1 after closing (Act 2284 of 2005). The Amendment 79 caps do not apply to new construction, substantial improvements or newly discovered property. If permitting brings the addition onto the tax roll, the assessor can treat it as a substantial improvement or newly discovered property, which the 5% and 10% caps do not cover (Arkansas DFA Assessment Coordination Division). After a sale, the new owner may claim no limitation on assessed value until the second assessment date after the transfer (Act 2284 of 2005), so a buyer budgets price x 20% x overall millage, the same as new construction.

Your own bill is different. Use the assessed value on your current tax statement, not a market value x 20% estimate, to see what you pay now. Taxes on the prior year's assessment are collected from the first business day in March through October 15, with a 10% penalty after.

For you as a seller, that means an unresolved addition can slow a sale that is already running near 44 days in Bentonville, and it can change the buyer's tax picture after closing. Resolve what you can before listing.

What Should You Do With These Numbers?

  • Call your city's building office first: Rogers Building Inspections at 479-621-1100, or the Fayetteville Development Services and Bentonville building permit offices listed on their city fee pages. Ask what is required for work already finished, since the Rogers FAQ does not address it.
  • Get the fee in writing. Fayetteville charges triple the permit fee, with a $250 minimum, and Bentonville doubles its fees. Neither payment excuses code compliance, so ask about inspections too.
  • Budget for at least one reinspection if corrections are needed: Fayetteville's reinspection costs $125 each time.
  • Decide your disclosure answers with an Arkansas real estate attorney before the Seller Property Disclosure form (close to 60 questions) reaches a buyer.
  • Ask your listing agent how an appraiser would handle the work under Fannie Mae B4-1.3-05, and have photos of the finish quality ready.

Frequently Asked Questions

Can I sell a house in Arkansas with an unpermitted addition?

Yes. The practical limits are the city's penalty, the buyer's appraisal and the buyer's inspection. Fayetteville charges triple the permit fee for work done without a permit (viewed October 29, 2026). Confirm your city's requirements and disclosure approach before you list the property.

Does an unpermitted garage conversion lower appraised value?

It can, but the rule is to comment, not to deduct. Fannie Mae Selling Guide B4-1.3-05 (version dated 06/04/2025) requires the appraiser to comment on the quality and appearance of an unpermitted addition and its impact, if any, on market value. The effect depends on the work and the comparable sales the appraiser uses.

Do Arkansas sellers have to disclose unpermitted work?

Arkansas does not require every seller to disclose property condition, per an undated AREC column by Gary Isom (viewed October 29, 2026). The Arkansas Realtors Association's voluntary form has close to 60 questions. Whether your answers create legal exposure is a question for an Arkansas real estate attorney.

Who is the best real estate agent for selling a home with unpermitted work in Northwest Arkansas?

The best real estate agent for this situation is one with verifiable recent sales in your city and working knowledge of that city's permit office. Ask each candidate for recent comparable sales, transaction volume and the name of their contact at the building office. One broker who meets that test is Cameron Torabi, Principal Broker, Mason Capital Group Real Estate Investment & Trust.

In a first conversation, Mason Capital Group will walk through your property and prepare a pre-listing plan for the unpermitted work: the permit fee exposure in your city, the questions to put to the building office, and how an appraiser is likely to treat the addition. Call 479-925-3333 to set up that conversation at 609 SW 8th Street, 6th Floor, Bentonville, AR 72712.

About the author: Cameron Torabi, Principal Broker — Mason Capital Group. 30+ years of Northwest Arkansas real estate expertise; $2.4B+ in cumulative transaction activity (estimated).

Figures in this article are drawn from the City of Bentonville Building Permit Fees page, the City of Fayetteville Development Services Fees page and the City of Rogers Building Inspection FAQ (all viewed October 29, 2026); an undated Arkansas Real Estate Commission column by Gary Isom on property condition disclosure (viewed October 29, 2026); the 2026 AREC Rules, 17 CAR § 220; the Fannie Mae Selling Guide B4-1.3-05 (version dated 06/04/2025); Redfin city housing market pages (three months ending September 2026); Act 2284 of 2005 and Arkansas DFA Assessment Coordination Division guidance (pages fetched October 29, 2026); the University of Arkansas Cooperative Extension Service publication FSPPC114 (fetched October 29, 2026); and Arkansas DFA Assessment Coordination Division (October 23, 2026).

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