Property Law and Construction Permits

The building or construction permit application and review process ensures that the plans for construction comply with the local area's land use and construction standards. To find out more about your local building permit applications and laws, please talk to an attorney in your state.

Formal Approval of Building Plans

Before you obtain a construction permit for your building, you will need to submit the plans to the local building and planning commission for their approval. Your contractor can do this for you, or you can take them down to the local building department yourself.

Meeting the Requirements of Prescribed Codes

Each city and county has their own prescribed codes for buildings that every building must meet. This is to protect the safety of the public to make sure that the building structure is in compliance with the construction laws of the state and county where the building is located. It is recommended that you consult with a contractor and check your local state, city and county ordinances first to save time and money.

Specific Drawings and Specifications for a Particular Site

You will need structural plans and drawings prepared for your design that meet your jurisdictions building codes. An architect will be able to assist you with these.

Reviews by a Designated Government Agency Include:

• building
• electrical
• mechanical (heating/air conditioning)
• plumbing
• concrete(sidewalks and driveways in the public right-of-way)
• development(site plan or site plan exemption)

As you can see, there are numerous reviews by various agencies involved in a construction project so you must be patient.  You may also need approval from other departments besides the building department such as environmental, fire, water, sewer or redevelopment depending on where your property is located and what you are planning to do with the property.  There may also be zoning and use issues involved and variances that you might need.  It is recommended that you work with a zoning company if you have any zoning issues as these are quite complicated.

Failure to Obtain Permits

Failure to obtain permits subjects you to penalties or fines. Your construction can be stopped if you are caught without a permit, causing delays and fees.
If the local tax appraiser’s office discovers your extra sq. footage when they are reappraising the homes in the neighborhood, you may have to pay penalties on back taxes owed.  
Even if you do not get caught and finish your construction project without the necessary permits, when you sell your home you have to disclose the construction was done without permit. This could affect the sales price of your home. The extra sq. footage won’t be listed on the tax records, and the property might not appraise at the sales price value. Your buyer may not be able to get a loan based upon the sales price. As a result, the buyer may have to put down a larger down payment to obtain the loan, or they may ask you for a price reduction or walk away entirely from the deal.
Also, your insurance company may not cover you if someone is injured on the property, and you don’t have a permit. It is always recommended that you obtain a building permit.  
It is recommended that you consult with a real estate lawyer who specializes in construction law since the construction permits process is complicated.