Can unpermitted space be included in the advertised square footage for a home that is being listed for sale?

According to the NC Real Estate Commission, while it is a best practice to separately calculate the area of unpermitted space and exclude it from the total square footage advertised in the MLS, there are other options.

A Seller can choose to include the unpermitted space in the advertised total square footage, but you must clearly disclose the location and size of the unpermitted space.

Further, you must fully inform all prospective buyers in both the public and agent remarks of the MLS advertisement of the unpermitted rooms and clearly explain that the space was included in the total area advertised.

The key concern is to not mislead the buyers.

An additional caveat is that North Carolina has over 20 MLS’s, and they will have their own requirements as well. So the actual requirements will change depending on which one that the property is listed in.