A professional contractor or property owner should get local building permits before they begin significant work. Permits are required for both single-family houses and commercial structures such as apartments. The permit must be publicly visible in a conspicuous place at the construction site for the entire duration of the work. The property owner needs to display building permits until an occupancy or completion certificate is issued.
The property owner may also need to schedule time to allow an inspector to access the work and ensure it meets legal standards for safety, health, and general welfare. This process helps protect the property owner, insurer, mortgage holder, and local municipality from a structure fire, building collapse or other preventable tragedy.
Failure to get a building permit has significant legal and financial penalties. In a worst-case scenario, non-permitted work could result in mandatory demolition. Let’s learn more below.
Get Building Permits
Building permits are mandatory because they ensure your project adheres to legal standards for safety, health, and general welfare. Before any project starts, call the local building department to confirm 1) if a permit is needed, 2) what codes apply, and 3) what the specific application requirements are.
Building permits are required for any significant construction project in the United States. Most importantly, building permits are administered at the local level (city, county, or municipality) rather than by a national agency. Consequently, specific requirements, codes, costs, and timelines can vary significantly.
Why Permits Are Required?
Permits confirm compliance with:
• Building Codes: Sets of standards (often based on the International Code Council’s International Building Code (IBC) or International Residential Code (IRC)) governing structural integrity, fire safety, accessibility, plumbing, electrical, and mechanical systems.
• Zoning Ordinances: Regulations that dictate how land may be used (e.g., residential vs. commercial) and control building height, setbacks (distance from property lines), and density.
What Work Typically Requires a Permit?
Any work involving structural changes, major utilities, or changes to a building’s footprint or use often requires a permit. Projects that almost always require a permit include:
• New construction: residential and commercial.
• Additions: rooms, second stories, attached garages.
• Major renovations: roof replacement, foundation repairs, remove or add interior walls, layout changes, replacement of windows or doors.
• Trade work: new or substantial plumbing, electrical, or HVAC work.
• Accessory structures: decks over a certain height—often 30 inches, large sheds over a specified size, retaining walls, and pools.
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Typical Work Without Permits: minor projects such as painting, cabinet replacement, or simple flooring typically do not require permits; however, confirmation with the local authority is recommended.
The General Permit Process
Details vary by jurisdiction. The process typically includes:
1. Define the Project: Determine scope (new construction, addition, remodel) and intended use (residential or commercial).
2. Research Local Regulations: Contact the local city or county Building Department or Permitting Office to identify applicable codes and required documentation.
3. Prepare Detailed Plans: Official construction plans are often required, including site plans, floor plans, and system schematics. Complex or commercial projects may require an architect’s or engineer’s stamp.
4. Submit Application and Fees: Applications must be complete; fees are usually based on estimated project value and complexity.
5. Plan Review: Plans are reviewed by municipal departments (planning, engineering, fire, etc.) for code compliance. May take weeks.
6. Permit Issuance: Once approved, legal authorization to begin construction is granted.
7. Inspections: Inspectors conduct site visits at key stages (foundation, framing, final systems) to verify compliance with approved plans and current codes.
8. Final Approval: After passing final inspection, a Certificate of Occupancy (C/O) or Certificate of Completion is issued, certifying the building is safe for use.
What Can Happen If a Building Permit Is Not Obtained?
Skipping the permit process may appear to save time and money, but the long-term consequences are more costly, time-consuming, and risky.
1. Legal and Financial Penalties
Local authorities have the power to stop work, impose fines, and require exposure or removal of unpermitted construction.
• Stop Work Orders: Issued if unpermitted work is discovered, requiring all construction to cease until resolved.
• Fines: Often substantial and may accrue daily. Penalties can equal two or three times the original permit fee, in addition to the permit cost.
• Mandatory Demolition or Exposure: Work that violates zoning or safety requirements may be ordered demolished. Finished surfaces may be required to be removed so inspections can occur.
• Property Liens: Failure to pay fines may result in a lien, preventing sale or refinancing until resolved.
2. Insurance and Safety Risks
Building codes exist to ensure safety; unpermitted work increases both personal and financial risk.
• Denied Insurance Claims: Insurance providers may deny claims related to damage caused by unpermitted construction.
• Increased Safety Hazards: Lack of inspections raises the risk of electrical fires, structural failures, and gas or carbon monoxide leaks.
3. Difficulty Selling or Refinancing
Unpermitted work creates a disclosure liability.
• Sales Complications: Buyers may demand price reductions or require legalization of the work prior to closing.
• Appraisal Issues: Unpermitted spaces typically cannot be counted toward official square footage, reducing appraised value.
• Financing Challenges: Lenders may refuse to finance properties with known unpermitted construction.
4. Retroactive (“Catch-Up”) Permits
If discovered, legalization through a retroactive permit is often required and is more burdensome than permitting initially:
• Standard permit fees plus penalty fines must be paid.
• Detailed plans of completed work may be required, often prepared by licensed professionals.
• Walls, floors, or ceilings may need to be opened to allow inspection of concealed work.
You can also access my Information of Value book for free at this link.
I've Got Your Six!
Mark M. Hancock, GRI, MRP, AHWD
REALTOR, New Build certified
214-862-7212 (text or call)
DFWmark@kw.com
DFWmark.com
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