When is a Building Permit Required?
When Homeowners Must Obtain Permits for Home Projects
Even minor home improvement projects frequently require a permit; a step you skip at your peril.
When you decide to undertake a home improvement project, you probably spend time considering style, color, and whether you'll need to hire a contractor or architect. But don't forget one more, especially important step: Determining whether you will need a building permit from your city or county, and if so, obtaining it (or making sure your contractor will do so).
Why Do I Need a Building Permit at All?
Building permits are written authorizations issued by a city or county to construct a project. They are required for most construction or remodeling projects, in order to ensure the safety of the work and its compliance with building, construction, and zoning codes.
Do All Types of Projects Require a Building Permit?
Not all construction requires a building permit. Whether your project needs a permit depends on what is required by your local building code. Each municipality is governed by its own code, which has its own permitting requirements. Codes tend to reflect regional issues. For example, in Florida, building codes often focus on safety considerations caused by humidity and heat. In rural regions prone to forest fires, the building code might include strict fireproofing requirements.
The projects most likely to require a permit are those that change the structure or use of a building or have the potential to create unsafe working conditions. For example, you will likely need a building permit to:
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add or remove walls
change the use of a room (such as by converting a garage to a living room)
change the piping in your house
re-roof your house, or
demolish a portion of your house.
Projects that don't usually need a permit include:
repainting your house
adding kitchen cabinets
replacing certain kitchen appliances
repaving your driveway
installing floor coverings, or
erecting a small fence.
In addition to obtaining a building permit, depending on the scope of your project, you might need to obtain special system permits, such as electrical, plumbing, or mechanical permits. For example, you might need to obtain a plumbing permit if you plan to install an underground lawn sprinkler. Or, you may need a mechanical permit to install a central air conditioning unit.
The only way to determine whether your project needs a permit is to consult your city building and permit office. Most have information online that you may review. They are also accustomed to addressing questions by phone and in-person, so don't hesitate to reach out to find the answers you need.
How Do I Get a Building Permit?
The typical steps to obtaining a building permit are:
Completing a permit application.
Preparing a site plan for the project. If your project is extensive, you will likely need to hire an architect or other professional to draw the project as it will be constructed (to show that it will meet building and zoning codes).
Scheduling an appointment for plan approval. You might be able to receive approval in person at an "over-the-counter" review. Or, the city might take several days or weeks to review the plans. The process may get extended even further if the city requires corrections and revisions.
Getting the permit. In cases where a permit is required, you will need to obtain it before you conduct any construction on your property.
Scheduling inspections. As you perform construction, you will need to schedule inspections throughout the process so the city can verify that you are acting according to your plans.
Complete your project and obtain final city approval.
The exact process varies by location.
Who Arranges for the Permit?
If you hired a contractor for your project, it is customary for the contractor to arrange for; or, in contractor lingo, "pull" the permit. This is a good idea because typically the person who pulls the permit is responsible for construction following the code.
If you pull the permit, you will be considered the contractor (at least in the eyes of the city) and liable if there is a construction problem. Contractors are also often familiar with the process and the city's inspectors. The contractor's preexisting relationship with the city can work to your benefit.
On the other hand, if your contractor is charging by the hour, you might save money by completing the permit paperwork and submitting it yourself. The scope and complexity of your project will help you decide the best way to work with the city and obtain a permit.
What If I Skip Getting a Permit?
If your project requires a permit, get a permit. If you are working with a contractor who suggests skipping this step, consider moving on to another contractor.
As cumbersome as the process can be, it will be better than dealing with the city if it finds out you should, but don't have a permit. The city might force you to obtain a permit and could double or triple the permitting fees. It may also shut down your project or require you to tear down your work (for example, remove a wall to see what's behind it) if there is a question as to whether the work was done according to code.
The worst thing would be if this were to happen when you're in the middle of trying to sell your house, which is when such issues often come to light. Unpermitted construction can lower your home's value, and you might even need to bring it up to code as a condition of the sale.
In short, it is not worth the risk. See "Discovering Unpermitted Construction When Selling Your Home" for more information on obtaining a permit after construction is complete.
Do I need a building permit?
As a homeowner or a person interested in building their new home in California, you may be unaware of how much effort needs to go into the permitting process and the overall project. Questions come to mind like – What do I need to build a house? Can I just start building without a permit? Do I need a permit? What activities or parts of the project need a permit? All of these questions lead to the discussion of building permits in California.
This article aims to break down every aspect of a building permit for anyone who wants to understand its primary elements. For a more guided article on the home building permit process, please take a look at the article How do I Get the Permit to Build My New Home in California.
What is a Building Permit?
A building permit is authorization from a city or county giving permission to construct or build a project. Building permits are required for not only new construction projects but also renovation and remodeling projects. The building permit is put in place to allow a local jurisdiction to assess the compliance of the building and construction process based on the health and safety requirements of the applicable codes.
What Requires a Building Permit?
Local jurisdictions make the regulatory decisions for the areas within their boundary. Regulatory decisions include the standards and requirements, also known as the laws of the land. This basically entails that the building permit requirements for each area depending on the local building codes. California is more authoritarian regarding environmental regulations, but each municipality interprets those regulations for their specific area. Overall, the following list will show what type of projects will more than likely require a building permit:
Demolition of an existing building
Roof replacement
Plumbing, electrical and mechanical replacement
Adding an accessory dwelling unit (ADU) or a junior accessory dwelling unit (JADU). This includes converting existing rooms to ADU’s. For example, converting a garage to an ADU.
Changing the layout of a house
The addition or removal of exterior walls
Building permits are needed in all cases for new buildings. An important thing to note is that additional permits can be required based on the scope of the complete project. These additional permits can be stormwater, electrical, plumbing, grading, and mechanical permits. The best way to ensure a building permit is required is by reaching out to the permitting department of the local jurisdiction. Consulting with the permit department will alleviate any concern on whether or not a permit is needed and what type of permit is needed. Also, it is important to contact skilled professionals when trying to determine what part of the project requires a permit and what needs to be done to obtain the permits. Design Everest has a team that can begin this process and makes sure the process goes smoothly.
Getting the Building Permit
As mentioned earlier, the best way to decide on getting a building permit is by engaging with the local jurisdiction on their specific requirements. There are some fundamental aspects of obtaining a building permit. Listed below are the steps to getting a building permit processed:
Submit a permit application to the building official/building department
This process may include specific building plans and studies. To properly submit a building permit application, contact a specialist to assist.
Prepare the applicable plan drawings. Hire a qualified architect and other professionals to assist in creating the building layout and meet building setbacks and zoning regulations.
The article Which Professionals do I Need to Hire to Build a House? goes over the specific professionals needed in the home building process.
Prepare for the plan approval process. The plan approval process can be over-the-counter at the building department, or it can take an allotted period of time to review the plans based on the project’s scope. Building plans can also go through an iteration process, where the plan reviewer provides comments, and the plan must be revised to address those comments before an approval is issued.
Obtain the permit. Getting the permit means the city or county has given the authorization to build and/or construct the project. This must be obtained prior to any construction taking place.
Schedule the building inspections. Once construction takes place, inspections to verify that the plans are being followed will need to be scheduled with the building official.
Final Approval. Upon completion, the city and county will provide final approval.
Plan changes that occurred during construction are typically documented and assessed by the building department. The homeowner must update the plans in line with modifications done during construction.
Each jurisdiction has its own building permit process, but the steps above occur when receiving a building permit at some point.
Who is Responsible for the Permit?
The process above seems very involved for a homeowner or developer, so in most cases, a contractor will be hired and tasked with obtaining the building permits on a construction project. The contractor is employed for the construction phase, so they should be responsible for the building permit and the scheduling of inspections throughout the process. The person who pulls the permit will be considered responsible and liable for any damages from the standpoint of the city or county, so hiring a professional licensed contractor is recommended. Check out the article 5 Things to Consider Before Hiring a Contractor to learn about that process. In the case of a simple scope, it may be cost-saving to submit the permit application and pull the permits yourself; however, identify the scope and determine if the project requires a contractor based on the complexity.
I Forgot to Get a Building Permit…
Most licensed, ethical contractors will advise against skipping out on obtaining the proper building permits, but for the sake of assessment, let us discuss what will happen if a building permit is not pulled. The city or county will likely open a code compliance case against the construction projects that do not have the appropriate building permit. This case can result in fees or the city or county requiring the project to obtain the proper building permit within a set time frame. Retroactively obtaining a permit can result in having to tear down work already completed or ending up with a smaller allowable building space. Also, unpermitted work is typically not allowed to be considered in a property value appraisal. It is important to get the permits in time to avoid unnecessary hassles leading to wasted time and money.
Ready to Get Building!
Building permits are needed in all new construction projects and most renovation projects in the state of California. The building permit process varies based on the city or county, the project is being proposed in, but this article provided general information applicable to all building permit processes. The next step in getting the building permit to start a project is determining the professionals needed for the scope of work. Seasons Residential’s team can assist in consulting the building department to obtain the necessary permits and drafting building plans for the project you have in mind. Call (650) 302-5556 to get a free quote and consultation today.
