New Orleans, LA real estate: buy or sell with a local AXEN agent
New Orleans is the only place in the state where two separate commissions can control the outside of your house, and the city has its own documentary transaction tax that the seller pays at recording. Short-term rental rules here are strict, licensed by square block, and actually enforced.
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Buying a home in New Orleans: what to know
The rules that apply everywhere in Louisiana are on the Louisiana page. These are the New Orleans details that trip people up.
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The seller pays the city's documentary transaction tax. The Notarial Archives collects it for the city on every recorded document that transfers real estate, and the responsible party is the seller. Confirm the current amount with the Clerk, because the city publishes more than one figure.
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Pay it at recording or you get billed. The city ordinance has the seller paying it when the act is filed for record. One thing worth knowing: if the tax goes unpaid, the city code says it does not become a lien or an encumbrance on the property, which is the opposite of what most buyers assume.
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Two different commissions, depending on the block. The Vieux Carre Commission controls exterior work in the French Quarter. The Historic District Landmarks Commission controls historic districts outside the Quarter. Both have to approve before permits move.
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Preservation review is baked into the permit. In a regulated district you start the review by applying for the building permit itself. You do not get to skip it and fix it later, and unapproved work in a regulated district is a problem a buyer will find.
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Short-term rentals are limited by square and run on a lottery. Non-commercial permits run on an application period and a lottery, and renewals depend on whether your square still has an opening. Commercial permits need conditional use approval. Never assume a rental permit comes with the house.
Selling a home in New Orleans
Budget the documentary transaction tax as a seller cost.
It is collected at recording by the Notarial Archives and the seller is the responsible party. Confirm the current amount with the Clerk before you quote a number.
Hand over the rental permit paperwork, and be honest about transfer.
A buyer who is paying for rental income will ask. Permits run on renewals and square availability, so put the real status in writing.
Get preservation approvals in the file before listing.
If you did exterior work in a Vieux Carre or landmarks district, pull the approval. Unapproved work in a regulated district will surface.
New Orleans real estate questions
Who pays the city's transfer charge in New Orleans?
The seller. The Notarial Archives collects the documentary transaction tax for the city on every recorded act that transfers real estate. It is paid when the act is filed for record. The Clerk's published figures and the city ordinance the Clerk itself publishes do not agree on the amounts, so ask the Clerk of Civil District Court in writing for the current figure before you close.
Can I paint my house any colour I want?
Not if it is in a regulated district. In the French Quarter the Vieux Carre Commission reviews exterior work. Outside the Quarter, the Historic District Landmarks Commission does. The review is part of the building permit process, so plan for it before you buy a fixer.
Does the short-term rental permit come with the house?
Do not count on it. Non-commercial permits run through an application period and a lottery, and renewal depends on whether your square still has room. Commercial permits need conditional use approval. Verify the status with the city in writing before you pay for rental income.
Are termites really that bad here?
They are a normal part of ownership. The city runs its own mosquito, termite and rodent control board, and Formosan termites are established here. Plan on a real inspection and an active treatment contract, and ask the seller for the history of both.
What happens if the rental permit lapses?
The city treats short-term renting without a permit as illegal use of the property, enforced through hearings, fines and permit revocation. A lapsed permit is not a paperwork problem, it is an enforcement problem, so confirm the status rather than trusting a listing.
Buying or selling in New Orleans? Talk to a local agent.
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