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Guides and notes Saint James

Selling in Saint James: The Permit File, the Village Line, Disclosure and Transfer Tax

October 22, 2026, updated · Stephanie Calinoff, Licensed Associate Real Estate Broker

Selling in Saint James starts with a paperwork question: which government holds the file on the house. The hamlet of Saint James is unincorporated and sits in the Town of Smithtown, but two incorporated villages nearby also use a St. James mailing address and keep their own building files. Here is how the paperwork side of a sale lines up for Saint James homes.

TL;DR

  • The Suffolk County Clerk lists St James under code 0800, the Town of Smithtown; Head of the Harbor (0801) and Nissequogue (0802) are separate villages.
  • The Town of Smithtown does not take building applications for Head of the Harbor, Nissequogue or the Village of the Branch, which run their own building departments.
  • The Smithtown Building Department will search its files to see whether every permit has a certificate, and a house built before 1947 can get a History Letter.
  • Work built without a permit goes through a Built Prior application with notarized forms, a survey, plans and photographs.
  • New York sellers no longer have a $500 credit option in place of the disclosure statement, and the seller generally pays the state transfer tax.

Table of contents

  • Town file or village file
  • What the Town file shows
  • Work that never had a permit
  • The disclosure statement
  • Transfer tax at closing
  • Related pages

Town file or village file

The Suffolk County Clerk's district code list gives St James code 0800, the Town of Smithtown, and lists Head of the Harbor as 0801 and Nissequogue as 0802. The Town's village building departments page says Smithtown does not accept applications for projects in the Village of the Branch, Nissequogue or Head of the Harbor, and it lists St. James mailing addresses for the Nissequogue and Head of the Harbor offices.

So a St. James address alone does not say where the permits live. The tax map district code does.

In Head of the Harbor, the village Building Department takes applications in person only and says a Certificate of Occupancy or Compliance is required for all open permits, with documents that can include an as-built survey, an electrical inspection certificate and Board of Health certification.

What the Town file shows

For a hamlet address, the Town of Smithtown Building Department answers say the Department will search its files to see whether all permits have certificates, and there is no charge to review the files. Work done without permits has no certificate. Building permits were not required before 1947, so an older house can get a History Letter, also called a Letter in Lieu, with a recent survey and a copy of the assessor's file. A permit is good for one year and can be renewed for one year only.

Work that never had a permit

A finished basement, deck, shed or enclosed porch with no certificate does not have to stay that way. The Town's Built Prior application instructions ask for two notarized applications signed by the owner stating the year the work was done, three copies of the survey or plot plan showing the structure, three sets of plans, four photographs of the interior and exterior, and a fee. Structural work needs architect's plans; porches, sheds, decks and similar items can use scaled working drawings, though the Department may still require sealed plans after review.

The disclosure statement

Assembly bill A1967, signed as Chapter 484 of 2023, ended the option of giving a buyer a $500 credit instead of the Property Condition Disclosure Statement and added questions on flood history and flood insurance. The statement is delivered before the buyer signs a binding contract. The law's definition leaves out condominium units and cooperative apartments.

Transfer tax at closing

According to the NYS Tax Department's transfer tax page, the tax is two dollars for each $500 of consideration, and the base tax is paid by the seller. The form and payment are due no later than the 15th day after the deed is delivered. A residence at $1 million or more also carries a 1 percent mansion tax.

Related pages

More about me.

Questions about Saint James

Who holds the building permit file for a Saint James house?

For a house in the unincorporated hamlet, district code 0800, it is the Town of Smithtown Building Department. The villages of Head of the Harbor and Nissequogue run their own building departments, and the Town does not accept applications for projects in those villages.

Is Head of the Harbor part of Saint James?

Head of the Harbor is its own incorporated village, with Suffolk County code 0801, and its Village Hall uses a St. James mailing address. Its Building Department handles permits and certificates for village properties.

How do I find out if every permit on a Saint James house has a certificate?

The Town of Smithtown Building Department will search its files to see whether all permits have certificates, and there is no charge to review the files. Work done without a permit will not have a certificate.

What is a History Letter in the Town of Smithtown?

Building permits were not required in the Town before 1947. For a house built before then, the Building Department issues a History Letter, also called a Letter in Lieu, with a recent survey and a copy of the assessor's file. A fee applies.

How do I legalize a deck or finished basement built without a permit in Smithtown?

Through the Town's Built Prior application. It asks for two notarized applications stating the year the work was done, three copies of the survey or plot plan, three sets of plans, four interior and exterior photographs, and a fee. Structural work needs architect's plans.

Do Saint James sellers still give a $500 credit instead of a disclosure form?

No. Assembly bill A1967, signed as Chapter 484 of 2023, ended the $500 credit option and added flood history and flood insurance questions to the Property Condition Disclosure Statement. Condominium units and cooperative apartments are outside the law's definition.

Who pays the transfer tax when selling in Saint James?

The NYS Tax Department says the base transfer tax of two dollars for each $500 of consideration is paid by the seller, with the form and payment due no later than the 15th day after the deed is delivered. The 1 percent mansion tax applies to residences at $1 million or more.

How long is a Smithtown building permit good for?

The Town of Smithtown Building Department says a permit is good for one year from the date of issue and may be renewed for one year only. After that, a new permit is required.

Sources

  1. https://suffolkcountyny.gov/Elected-Officials/County-Clerk/Town-and-District-Codes
  2. https://www.smithtownny.gov/264/Village-Building-Departments
  3. https://www.smithtownny.gov/FAQ.aspx?TID=17
  4. https://www.smithtownny.gov/DocumentCenter/View/104
  5. https://headoftheharborny.gov/building-department/
  6. https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A01967&term=2023&Actions=Y&Summary=Y&Memo=Y&Text=Y
  7. https://www.tax.ny.gov/bus/transfer/rptidx.htm

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