When Do You Need A Permit?
Almost before the final document has been signed at a closing, the new home buyers may be already planning the renovations for their dream home. Lots of homes today are purchased through foreclosures or special low cost "programs", and as a result, they are in need of much repair. Or, it may be that a family has now outgrown their existing quarters and an extra room or extension is needed to accommodate new members of the household.
Whether or not the renovations you are planning require a work or building permit depends on two main factors. These factors are: 1. Your location; the city, town or village in which you live; 2. The scope of the work.
Your location - Most major cities have standard building codes which apply throughout their geographical area. All construction done throughout the city will need to adhere to a uniform building code, only varying if a property is a residential dwelling or a commercial building. However, some smaller, more rural municipalities have very specific building codes exclusive to their own geographical area; moreover, if you are in a smaller village within one these municipalities, there may be another layer of building code requirements imposed upon the homeowner or architect.
Sound complicated? It needn't be. All of the information can be obtained by contacting your local building department. These officials are the ones who can tell you definitely if your work requires a permit. It is always best to start there.
The scope of the work - There are various categories of renovation types that homeowners may wish to do. These include major additions or renovations that will change the occupancy of the dwelling, i.e. from a two-family to a three-family home; renovations that change the building type from residential to commercial; renovations that change the building's egress (access to the nearest public or private roadway.) There are renovations which do not change the actual occupancy or type of building, but that require multiple forms of work, such as plumbing and construction work. Adding an enclosed porch or an outside deck may fall into this category. Finally, there are minor alterations like curb cuts or fences. All of the above mentioned categories of work require permits and adherence to the local building code. Work such as replacing plumbing fixtures, installing cabinets, plastering and painting are considered cosmetic and do not require a permit.
The first step in the process is to discuss the scope of the work with a licensed engineer or a registered architect. The main reason for this is that most permits may only be filed for by an architect. Only minor alterations such as the curb cuts or fences may be applied for by a non-professional. You may be able to find a licensed architect by contacting a local chapter of the American Institute of Architects. You may also ask around your neighborhood. Check out some of the work that has been done in your block. Ask your neighbors who they may have employed to plan and expedite the work. The architect or engineer is required to be familiar with the local building code and zoning laws. He or she will be able to make an immediate determination as to whether the work you want requires a permit.
After discussion of the work that will be done and determining that the work will require a permit, the architect must now follow these steps to obtain a permit: The architect will submit plans indicating the scope of the work to the Building Department of the town or village where your property exists. If the plan adheres to the local zoning laws and building code, plan approval will be obtained. Once plan approval is obtained, the architect or engineer may apply for and receive a work permit. The city or town may require an inspection of the work once it is completed to assure that it was actually done according to the stated plans and the existing building code. Once the work has been completed as required, final legal documents are issued which may include a new Certificate of Occupancy or a Certificate of Completion.
Consequences of Doing Work Without a Permit
Your home or property is probably your major financial investment. Making sure that work done on the property has been done legally under the proper permits is just good sense. Violators may be subject to fines, penalties and court appearances, and in extreme cases, portions of the property may have to be torn down or left unoccupied. There are fees and waiting periods for permit applications and building plan approvals, but money spent wisely in legal construction work up front may save hundreds or even thousands of dollars in the future. The same fees escaped by failing to file a permit when the work is planned will have to be paid to legalize the now existing work, in addition to any fees incurred for civil penalties. These fines are not just imposed upon the property owner, but also on the person who actually did the work. Doing it right the first time helps to uphold your financial investment. When you are ready to sell, you will save money spent to "fix" illegal construction since a lender may not offer a mortgage to a purchaser buying a property with "problems." All of this paperwork, time and money may seem to be inconvenient and bureaucratic, but the real purpose is to ensure that the public health and welfare is protected from unsafe construction.
