Do I Need a Building Permit?

Are you thinking about remodeling your kitchen, bathroom, or your entire home?

Are you thinking about adding an addition to your home?

Then there is a possibility that you are going to need a licensed engineer with experience in structures and you are going to need to get permits.

When you have the idea for a project, you likely are excited and want to move forward right away. The idea of going through the permitting process and delaying the start of your project may not be very appealing. Your friends and neighbors may even tell you that they did projects without permits and everything went fine. People decide not to get permits for a multitude of bad reasons:

• They cost money to obtain. (A very small percentage of the project cost)

• They can take time to obtain and can set back your construction timeline. (If they are applied for when you submit, and you hired qualified professionals, they only take a few weeks to review)

• They require inspectors to come to your home which may uncover another issue. (This is unlikely, but could help you to find important items to address)

• They can raise the appraisal of your home, which can increase your property taxes.

• Permits will require full code compliance which can make your project cost more. (Full code compliance just helps you to avoid issues later)

These are not reasons to skip permits.

If you want to make any changes to your home, it is recommended that you reach out to your local municipality or talk to your engineer about about obtaining permits. There is a very high chance that the city will want you to get a permit. Just about any project could require a permit, something as small as removing a non-bearing wall, or something as large as building an addition or Accessory Dwelling Unit.

There are many reasons for why you should get a building permit, but these are the top reasons:

It’s the law.

Most cities require that you obtain a permit when you want to make any modifications to your home. The exact laws and permits that are required vary by state to state and city to city. FOr example, in Los Angeles, the municipal code states the following:

"91.106.1.1. Building Permits. No person shall erect, construct, alter, repair, demolish, remove or move any building or structure, … unless said person has obtained a permit therefor from the department. A separate permit shall be obtained for each separate building or structure except that a group of temporary structures erected on one site for a limited period of time may be included on one permit." (Los Angeles Municipal Code)

Most cities around the country have similar statements in their own municipal code.

If you do not get permits, the city can penalize you during construction or even years later. Your city has the right to stop construction until permits are obtained. They may also issue a fine or even force you to undo any unpermitted work.

It's safer.

Permits require that any modifications to your home are designed and completed by licensed professionals and that all of their work is reviewed by the local municipality’s inspectors. This ensures that it is less likely that anybody cuts corners or makes a mistake. When you pay for a permit, you are paying the city for the following:

• To provide a framework throughout the design and the construction process,

• To check the work of your architect, engineers, and contractor,

• To document the work completed on your home, and

• To verify that the project was fully completed to code.

It saves you money.

Although it may cost more initially, a project with permits likely will save you money in the long term.

• Projects with permits are much less likely to fail due to the additional oversight, analysis, and inspection. A new project, completed improperly could damage other parts of your home.

• If your home is fully permitted it can be sold without concessions.

  • For example, if it was constructed without permits, the seller may be required to obtain permits and pay fines prior to selling, or will have to reduce the price of their home so that the buyer can obtain the proper engineering analysis and permits. Worst case scenario, the addition may have to be removed prior to selling.

• Unpermitted work will most likely have to be brought up to current code. Therefore, even if you built a home or an addition properly many years ago, it will be subject to new requirements to get permitted today.

  • For example, if an ADU were built 30 years ago to code, but without permits, even without any issues, the city could still require that it be brought up to today's code so that it can be rented out.

Is it Okay to Have Unpermitted Work?

There is only one instance when nonpermitted work is okay. That occurs when something was constructed legally prior to when that item required permits. Otherwise, it is recommended to get permits for every new project, or to get retroactive permits in a new home.

Conclusion

It is always recommended that permits be obtained despite the associated "headaches". Going through the permitting process ensures a properly designed structure that will last decades and be safe to reside in.