The Ins And Outs Of Permitting

Over many years in the home improvement industry the issue of municipal building permits continually gnaws at contractors, homeowners and building departments. Each group has their own set of problems with the permit laws. My hope is that we can objectively dispel any inaccuracies and outline the pros and cons of the municipal building permit process. 

Where To Begin

First, lets understand the basics. It is important to comprehend the goal. The objective of the various building regulations is the preservation of the public's safety, life and property.

The permit process attempts to monitor the compliance of those building regulations. This insures that the private sector maintains the building industry minimum standards. Inspectional service departments attempt to monitor this work without intrusion to the private industry it serves. It can be a stressful relationship to say the least.

Oh, by the way, the building department simultaneously polices zoning rules. Zoning provides local rules for the usage of the communities land base.

What Is The Meaning Of The Word 'Permit?' 

According to Webster's Dictionary the word permit means "to grant," "to sanction," or "to authorize." Doesn't sound too offensive to me.  

Why Do I Need A Permit To Do Work On My Property? 

While you may own your real estate there are certain rules that have been established to protect the community at large.

When you decide to improve your property you must perform the improvements within the rules. Rules are referred to as codes. Officials called inspectors document the work performed at the property when visiting the property at specific intervals. These records are preserved by the municipality for your convenience.

In the past, I have performed a public record investigation regarding a property history going back 100 years. Insurance investigators often do this to determine the who, what, when, why and how building changes took place at a particular property. Such historical information can help determine the accepted or approved occupancy use of a building, or any improvements allowed over the years. It reads more like a medical record report. Traditionally, these documents prove to be priceless.

Do I Have To Get A Permit For Everything I Do On My Property? 

Absolutely not.

There are many projects that don't fall under the various building regulations. These can be performed by a homeowner, or a handyman. An example would be simple repairs, both interior or exterior.

Items such as new shutters, walkways, landscaping, driveways, glass replacement, painting (no lead removal), rain gutters, fencing, interior woodwork or even replacement of a plug in an electric stove.

If you have any doubts, I always recommend you contact the local building inspector's office to assist you in defining what projects do or do not qualify for a permit.  

What Home Improvements Require Municipal Permits?

Usually jobs that involve highly trained or licensed professionals require a permit to perform the installation. Trades such as plumbers, electricians, oil burner technicians, lead, asbestos abatement and any structural changes to a building should be performed under the appropriate division having jurisdiction.

Each licensed contractor should provide your permit service within the work scope as required by code. Just ask the contractor for a copy of the permit, or go to the local building department for one.

Remember, there are provisions in the permit laws allowing homeowners to act as the general contractor by issuance of a permit in the homeowner's name. While this may foster some financial benefit, you are assuming responsibility of the entire job.

When Should I Get The Permit For The Work?

Certainly prior to the starting any work. If the building official happens to fall upon your non-permitted building project while in process, it could cost you a penalty. The fine can be assessed up to three times the cost of the original permit.

There have been cases where walls had to be removed to allow inspectors access to view wiring, plumbing or structural components. Most building officials don't always assess these fines. The veteran inspectors goal is to get as much of the community's work under permit. Truly, most inspectors are working to protect the public interest, not to alienate the people it serves. 

Will My Annual Property Taxes Increase By Making Improvements To My Property? 

Most home improvement projects like new roofs, siding, windows, kitchens, baths or even nicer front stairs do not trigger a reevaluation.

What might cause a slight increase would be a significant expansion of the living space square footage. An example of this would be the addition of new space, such as an upper level, garages, added rooms or in some cases a finished basement.

Your home's value is traditionally governed by the open market. Municipal assessors usually wait for the full city or town-wide reevaluation to make adjustments which only occurs every 10 years in Massachusetts.

During the interim years a Massachusetts Law passed in 1982 called Proposition 2 1/2 helps protects you from tax increases.

In any economy time is money! While some homeowners still claim the permit process is a bureaucratic nightmare. The contractor's standard argument is that even a simple permit application can waste valuable time. I must state that in many ways the process has improved over the years.

In most cities, a building permit for simple upgrades, or repairs, is issued within a few minutes. Even minor projects that require a brief plan review are turned around in a day. Frequently, building commissioners maintain that many individuals thumb their nose at the Massachusetts' permitting requirements. However, most municipal inspectional services' officials continue to provide friendly, quick and courteous service.

Both contractors and municipal inspectors are licensed by the Department of Public Safety. Together they work as a team for the public interest. They just happen to be on opposite sides of the counter. Occasionally, the homeowner happens to be in the middle.