Building Permit

A building permit is a local government approval allowing construction, addition, or significant restructuring of a building. A written plan for construction must be submitted to and approved by the local authority in order for a building permit to be issued. The builder must then adhere to the parameters approved in the building permit to complete the project and receive occupancy certification. Building permit requirements and processes vary between commercial and residential projects according to their purposes. Within residential projects, the permitting process also may have different requirements for single-family, multiple-family, and mobile home structures. Review of the building plan is conducted by a locality's inspection or code enforcement division, usually housed within the building or planning and zoning department. Along with issuing a permit, a local building enforcement office performs a variety of inspections throughout the construction process. These inspections determine if the construction process is meeting national, state, and local quality standards as written into the building codes. Because these inspections are performed for specific components of the overall construction project (plumbing, heating and cooling, mechanical), further construction may be halted if an inspection determines that a structure is not in compliance with the building code. In some communities, separate permits are required for different components of the construction process.

The building permitting process requires a set of fees in order to pay for the plan reviews and inspections; the fees typically are calculated according to the square footage of the proposed construction project. A building permit is issued for a specified period of time, usually 6 months. If the building has not begun within that time, a new permit application must be approved prior to starting construction. After all building permits have been approved and all related fees are paid, a permit holder may request a Certificate of Occupancy. This certifies that a completed structure is in livable condition and that the building adhered to the plans submitted along with the building permit application approved by the locality and therefore has complied with the building code requirements. In many states, proposed construction on any property in the state is subject to regulation, whether located in incorporated or unincorporated areas, and therefore must go through the permitting and inspection process.

The building permitting process and code enforcement are conducted in order to safeguard the public's health, safety, and general welfare. Building standards and enforcement are governed at the local level, delegated by the states’ power as granted by the 10th Amendment of the U.S. Constitution. In unincorporated areas, the county government has jurisdiction to issue building permits and enforce compliance to code. In San Francisco, for example, a Central Permit Bureau has administrative responsibility to process all permit applications and collect any fees associated with building permit applications. Noncompliance is most frequently seen with small additions or remodeling projects completed without obtaining a permit and the accompanying compliance inspections. Smaller renovations to a residence may not require a building permit; however, while it is possible that a kitchen remodeling project will not require a building permit, a local community may require issuance of plumbing and electrical permits. Some building authorities may [Page 48]conduct visual inspections through “windshield surveys” or through a regular written survey sent to residents that asks for information on any changes to the owner's structure. Construction projects that were done without a building permit may be detected upon a point-of-sale inspection required in some communities, potentially resulting in fines and penalties to the homeowner.

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