Do I Need a Building Permit?

It comes up fairly often that a client asks me whether they really need a permit for the work they are planning. the short answer is Yes. Building Permits are a means of regulating construction to make sure it is safe, and to make sure it fits in with local requirements for the use of your property. Permits may prevent you from doing something you want, but they also prevent your neighbor from doing something that would seriously annoy you.

According to the California Building Code, no building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. That covers almost anything yo umight do to your property. Specific code requirements vary in different cities and counties around the state. Check with your local building department to find out what's needed in your area.

What if you ignore the rules and build without a permit? Chances are that if the inspector doesn't drive by and see the construction activity, nobody will know. Of course, there's also a possibility that one of your neighbors would call in a complaint. If you are caught, you will be required to stop work until you file a permit and you will be fined.

How non-permitted work gets discovered
Non-permitted work generally gets discovered either when you're buying a house, or when you're getting a permit to do additional work. When you're selling property, the owner fills out a form disclosing whether non-permitted work was done. This may make the house harder to sell.

When getting a permit for subsequent work, the building department will notice if their records don't match the plans you submit. Even something as small as installing a new water heater might trigger discovery. Once an inspector is on site they can inspect anything they wish, regardless of whether it relates to the reason they were called. Non-permitted work prevents you from getting additional permits until the nonpcompliant work is permitted.

Consequences of non-permitted work
Suppose there's a fire in your house that does a lot of damage. Luckily you're insured, so the insurance company will cover the cost of rebuilding and replacing your property. However, if the fire started in a non-permitted addition to your house, the insurance company is not required to pay.

The method of legalizing non-permitted construction varies. My building department requires you to get a permit for the non-permitted work as if it were new construction. Sounds simple, until you realize that you can't draw what you don't know. What you don't know is structure, electrical wiring, and plumbing all hidden under a layer of plaster or wallboard. With your new permit you also must meet current building codes. This might involve minor electrical or plumbing upgrades, or it might be major structural work.

Resources
Contractors State License Board www.cslb.ca - has excellent project planning tips and resources, plus a list of local building departments in California.

Karen Drozda is owner and principal architect of drozda+others architects located in San Mateo, California. More information about the firm can be found at www.dpluso.com