Building Permits Explained - Check if they Were Issued; How to Get and Why
Carl Brahe
Building permits are issued by local governments to assure that new construction, including alteration to existing structures, conforms to the neighborhood and does not endanger occupants or neighbors. A project must meet the requirements of zoning laws and building codes.
No one wants a factory built next to his home in suburbia. Zoning laws protect people from this. Building permits insure that constructions is done in areas appropriate for the structure and activity.
Building permits protect us from unsafe building practices and assure that all work is done to minimum code requirements. Completion of building permits, to obtain a certificate of occupancy, may require several inspections at appropriate times to assure that work conforms to applicable codes.
Before a building permit is issued a home owner, or contractor, typically submits an application that explains the construction activity and how it is to be done. Plans must conform to all applicable building and zoning codes. Simple projects may require only simple plans. An application fee will probably be required at this time. Fees may be based on value of improvement or may be a flat rate.
After the application has been reviewed and it is determined that the proposed construction meets all required standards, the application is approved. A building permit is then issued.
In most areas building permits are required for almost any activity that changes a property in any way, excluding most cosmetic activities. In most cases you will not need a permit to paint. In most cases you will be required to get a permit to change the location of a furnace.
In Denver, home owners and licensed contractors can apply for building permits. Home owners must take competency tests to prove they are capable of doing the proposed construction. A homeowner may qualify to do remodeling, or even build a single family home from the ground up, but will not be allowed to build multiple family dwellings or commercial buildings.
The person the permit is issued to is responsible for the work being properly performed. The person actually responsible for the work is the person who should get the permit. If a home owner has a permit issued in her name, and a contractor does the work, the homeowner becomes liable for the contractor’s work.
When a building permit is issued the work can begin. Inspections may be required at various stages of the work. A foundation may need to be inspected when the footers are dug, then again when the frames and rebar have been completed, and again before the concrete is poured. Each phase is inspected while the preparation for the next stage is still visible.
Construction done without being inspected, or without a permit, can result in the owner being required to remove improvements, or structure, to allow inspection. A foundation might have to be dug up to determine if the footing were dug to the proper specifications. Walls might be required to be opened so that structural, plumbing, or electrical work can be seen.
Remodeling, or additions, done without permits may not increase the values of your property. It may actually decrease the value of your home. Appraisals done based on finished square footage figures provided by the county will not reflect the true size of the finished building. Work done without permits may not be reflected in valuation used for financing. A lender may not provide money to purchase the unpermitted areas.
Insurance companies can deny claims that involve areas of a building that were constructed, or altered, without required permits and inspections. If you buy a house that has portions where electrical wiring was installed without permits, and that house burns because of defects in the unpermitted areas, insurance may not cover it.
When work is performed without permits it must be disclosed to prospective buyers. The work is always suspect to real estate agents and prospective buyers. Work that affects the safety and livability of a property is often hidden behind finished walls. It is an unknown factor. Once the property is purchased the hidden work becomes the problem of the new buyer.
In most locations, “As Built” permits can be obtained for work that was done in the past. There are no statute of limitations on building permits. There are no grandfather clauses. “As Built” permits are a way of bringing properties that have unpermitted work into compliance. An, “As Built Certification of Observable Compliance”, may be issued. To obtain a regular, “Certificate of Occupancy”, all hidden work might be required to be revealed for inspection.
You can check with county building departments to see if permits have been issued and inspections completed. Some county websites allow this on-line. Some county websites even make it easy. For other counties you’re better off using other methods, like telephone and personal visits. Building permit reports can also be purchased for many locations. For $60 you can order a report on-line that will provide all relevant information.
It is very common for work to be done on homes and commercial buildings without proper permits. Most times owners/renters simply have no idea that a permit is required. Unlicensed contractors will probably not mention permits, unless to say something to the effect of, “I don’t think a permit is required for this.” Unlicensed contractors and handymen may not be able to obtain permits and lose work when permits are issued.
Check permits before buying a property. It takes a small amount of money, or time, to determine if permits were issued and inspections completed. A permit check may save money and stress later.