The all-white mansion on the shores of Georgica Pond boasts 951 feet of frontage on the exclusive waterfront — but can’t legally be lived in.

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The Hamptons home of New York City developer Harry Macklowe is on the market for $38 million with just one small catch — it’s technically uninhabitable.

That’s because the newly built mansion on Georgica Pond in East Hampton lacks a certificate of occupancy, meaning whoever purchases the home won’t be legally allowed to live in it, according to a report in the New York Post. 

The home lacks a certificate of occupancy due to the hot water Macklowe is currently in with East Hampton officials for illegally clearing the protected land the house sits on, building additions to the house without permits, and racking up fines for 21 separate violations that have gone unpaid over five years.

The East Hampton Village Zoning Board declined to retroactively approve Macklowe’s unpermitted additions, so Macklowe sued them. That case is ongoing.

Macklowe is no stranger to forgoing permits. He earned a great deal of notoriety in New York City’s development industry when, in 1985, he hired a demolition company to blow up a row of buildings on West 44th Street without the proper permits, just hours before the city began enforcing a ban on demolishing single-room-occupancy buildings. Officials at the time said the move put people’s lives in danger.

Macklowe paid a $2 million fine for the illegal demolition but escaped criminal prosecution because criminal intent could not be proven.

The listing at 64 West End Avenue is held by Paul Brennan of Douglas Elliman, who declined to comment on the listing. The property’s listing on Douglas Elliman’s website makes no note of its precarious legal status but spills plenty of ink on the property’s other features.

“In a prime East Hampton Village location, this property is surrounded by preserved land, nestled into its own serene cove, and offers complete privacy situated on the shores of Georgica Pond with breathtaking sunset views,” reads the listing description. “This architectural masterpiece is truly one of a kind and is a must-see for discerning buyers.”

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