Home renovations may be satisfying and enhance property values, but permits may be required. Discover how to navigate the home improvement permits process.
What you’ll discover:
When do renovation permits need to be obtained?
What sorts of permits are required for remodeling projects?
What state and local laws apply to my home improvement project?
What kind of renovations may a homeowner do without a permit?
Is it my contractor’s responsibility to get the permission, or is it my responsibility?
What options do I have if I fail an inspection?
Is hiring an unlicensed contractor legal?
Can I modify my house if I live in a HOA?
If you are considering of upgrading your house, you should be aware that each state, as well as virtually every city and county, has its own set of construction laws and ordinances. Before you start renovating, you may need to get one or more permissions from your local city or county authority. If your house is part of a homeowner’s association (HOA) or is subject to other local planning restrictions, you may need to get authorization. This page covers often asked concerns concerning legal difficulties that may arise during your restoration project.
Table of Contents
When do renovation permits need to be obtained?
Permitting is the most typical legal difficulty that renovations raise. Property owners are often perplexed by the maze of permit regulations, or if a permit is even required for a certain project.
Finally, the more intricate the improvements, the more probable that one or more permits will be necessary. Remodeling plans, or even a minor job, may need a permit if any of the following categories of work are included:
Building a new building or addition.
All or a considerable portion of a building is demolished.
The construction of a swimming pool.
New electrical circuits, gas lines, or plumbing lines are installed.
Changes that may have an effect on sewage lines or utilities.
Although permits might be cumbersome or expensive, they typically fulfill a few functions that benefit everyone, including:
Obey zoning bylaws, land use limitations, and other municipal laws.
Current and prospective residents’ or renters’ safety.
Public security.
Assuring that utility systems, such as plumbing, electrical, and gas, meet certain criteria.
The easiest approach to find out what projects may need permits is to contact your local building authority. Moreover, local licensed contractors can usually be depended on to know when permits are necessary for a specific job, since failure to get a permit might threaten their license.
What sorts of permits are required for remodeling projects?
Permits are often necessary based on both local, county, and state rules, as well as the type of the intended improvements. Several cities and counties give separate permissions depending on the work’s specialism. Extra permissions may be needed if a temporary closure of the roadway or sidewalk is required. Permits that are often used include:
Building, electrical, plumbing, mechanical, solar, and HVAC.
A permit that precisely addresses structural problems and other systems may be required for the construction of a room expansion or considerable renovation. Renovations that impact numerous systems, such as installing a bathroom with new walls, plumbing, and electrical work, may need different permits for each component of the job.
What state and local laws apply to my home improvement project?
The majority of house remodeling rules and regulations, such as municipal building codes and zoning ordinances, are at the local level. These restrictions may be somewhat specific in terms of how property owners may utilize their land and how contractors must carry out house improvements. Several state regulations establish minimum criteria for particular components of a house or remodeling project. Local governments are typically in charge of performing inspections and providing permissions.
If you want to handle your own renovations or repairs, you should check with your local building authority or study if a permit is required. A permit is not always necessary for modest repairs.
What kind of renovations may a homeowner do without a permit?
Although municipal regulations vary, homeowners may usually employ contractors to conduct basic repairs or aesthetic upgrades without obtaining a permission. Here are several examples:
Repairs to existing utility systems such as plumbing, electricity, or HVAC are simple.
Replacement of flooring, countertops, paneling, or trim.
Wallpaper installation.
Fencing installation and maintenance.
Interior or exterior painting is permitted, while external painting may be prohibited by HOA restrictions.
Is it my contractor’s responsibility to get the permission, or is it my responsibility?
Contractors are frequently expected to seek permits on behalf of homeowners since they are far more educated about local permitting systems. This procedure is called as pulling permits. An experienced contractor may be able to design an application, submit it, and lobby local government authorities for the permission. But, keep in mind that there may be an additional cost or fees for pulling permissions.
Provisions defining the contractor’s responsibility in acquiring permits might be included in a Construction Contract, Home Improvement Contract, or Remodeling Contract.
What options do I have if I fail an inspection?
When improvements need a permit, the city or county will almost certainly send an inspector to ensure that the modifications are in accordance with your permission. This might happen while your project is still in progress, allowing the inspector to witness work that will eventually be buried behind walls or otherwise unavailable. Nevertheless, the inspection may not take place until the job is completed. If you fail the inspection, you may have a few alternatives on how to proceed.
When an inspection fails, the inspector will usually give you the chance to rectify any faults or deficiencies that they discover. They could even tell you precisely what you need to do to pass the inspection. It is a good idea to mention in your contract that any improvements necessary by a municipal or county inspector must be made by the contractor.
After a failed inspection, the most frequent next step is for the contractor to conduct extra work to fix the flaws noted in the inspection. The inspector will then return to the scene and either accept the improvements or explain what is still incorrect.
If you engaged them to do code-compliant improvements, the contractor should ideally execute the work to remedy the flaws. A Performance Bond helps ensure that a contractor executes quality work.
Is hiring an unlicensed contractor legal?
Contractor licensing varies by state and occupation. For specialist vocations such as electricians, plumbers, or engineers, every state needs a license. Nevertheless, general contractors are not needed to have a license in every jurisdiction, nor are contractors who execute services such as roofing, framing, or painting.
Many of the repercussions of engaging an unlicensed contractor rest on the contractor, who is breaking the law by executing work without the necessary license. Nevertheless, if you, as a homeowner, engage an unlicensed contractor in a state where licensing is required, you may face legal repercussions. For example, if the unlicensed contractor does not have workers’ compensation insurance, the homeowner may be held accountable for accidents sustained by a contractor employee. Moreover, HOA regulations may compel residents to utilize licensed contractors and may levy fines for doing so.
But, in other places, if an unlicensed contractor provides subpar work, they have little legal remedy if the customer fails to pay. Homeowners may be able to sue in order to recover money paid to an unlicensed contractor. If you hire an unlicensed contractor and the job does not go as planned, these solutions might help cushion the blow.
Consumer protection laws, both state and federal, protect consumers against deceptive practices by contractors and others. For example, the Federal Trade Commission has guidelines against fraudulent or misleading advertising, such as when a contractor misrepresents their qualifications, experience, or competence. Most states have laws that are comparable.
Can I modify my house if I live in a HOA?
The visual appeal of a neighborhood, complex, or structure is one of the functions of a HOA. The covenants, conditions, and restrictions (CCRs) of a HOA sometimes provide it wide authority to govern how residents decorate their houses as well as the sorts of modifications or additions that they may make. HOAs often have broad latitude in deciding whether to authorize upgrades.
Exterior modifications are nearly usually covered under a HOA’s authority. If a HOA runs a condominium or apartment complex, it may also have control over some interior modifications. An HOA for a condo building, for example, may require a homeowner to acquire clearance before installing new bathroom tiles or replacing a washing machine since these modifications may create water leaks that impact other residents.
Typically, the HOA approval process starts with an application presented to the HOA or a committee designated by the HOA. A thorough explanation of the proposed modifications, the project’s timetable, and the possible effect on other HOA members may be included in the application. All contractors participating in the project will most likely be asked for their names, contact information, and credentials.
The HOA or committee may assess applications in public or behind closed doors. A decision might take anything from two weeks to a month or more. The applicant may be given the chance to submit their case or to appeal a negative judgment. The sole legally binding requirement is that the HOA adhere to its own CCRs and other published rules or procedures.
