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The Ins and Outs of Permits
by
Shawn Pace
July, 05, 2017
in
Working with Contractors
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The Ins and Outs of Permits
When you’re constructing a home, it’s crucial to know what basics of the process require a permit. Painting, wallpapering or installing carpeting or tile flooring doesn’t require a permit, while removing or adding walls does require permitting. Any type of demolition work needs city approval. You’ll need permits for any major changes to your electrical, plumbing or HVAC systems. Your contractor is responsible for acquiring permits from the town’s building department. For smaller projects, your electrician, plumber or other professional must obtain permits.
Ignorance is No Excuse
People unfamiliar with residential construction may not realize what items do or do not require permits, and some contractors or sub-contractors may take advantage of that fact. Elements of a construction project requiring permits in one town may not require permits in another locale, and vice versa. Your building department might include items needing permits on its website. If you can’t find the information there, a building department employee should answer your questions. Take the permit process seriously. Building inspectors make sure a house is up to code and has all valid permits before issuing a certificate of occupancy. Saying you weren’t aware a permit was necessary won’t sway their decision, and you could face fines. With a smaller project where a permit was necessary but wasn’t obtained, you might have issues when you want to sell the home.
Zoning Permits
Municipalities often have strict zoning requirements regarding square footage, setbacks and other land uses. Depending on where you live, the boards governing zoning issues may go by names such as Board of Adjustment, Variance Board, Zoning Appeals Board or similar variants. The bottom line is that your intended use is non-conforming and the board must hold a hearing to determine whether to grant you a variance or permit. If the adjustment is quite minor, such as an addition creating a 10 feet side yard setback when a 12 feet setback is required, you might represent yourself before the board. Anything other than a minor adjustment really requires the presence of an attorney or your architect. Neighboring properties owners are notified of the hearing, and their opinions – for or against your request – can influence the board’s decision. If the board turns down your application, in most jurisdictions your only recourse is to either change your plans and come before the board with a new application, or take the board to court.