Filing Permits: What do you need to know?

Hello Everyone, on this month’s blog I wanted follow up on my May post regarding When to Hire an Architect. In that blog, I discussed the instances where one needs an Architect, which in most cases depending on the building department, that scope of work would require a permit. One can definitely hire architects for projects that don’t need permits, such as interior finishes and minor renovation in kind, in most cases will need permits to proceed with the work. With that said I would like to touch upon general information regarding Filing Permits and why it is important to make sure everything is legal and on record with the Building Department. Read our breakdown explaining what are the stages of construction. 

What requires the filing of a permit, like zoning codes, depends on the municipality the building/land is located in. The Building Department and/or Planning & Development Department within that municipality will likely have their own regulations of what requires permits and which ones require signed and sealed drawings from an Architect or an Engineer, depending on scope of work. Some of these regulations do come from the State itself. For instance, in New Jersey, and Massachusetts residential projects do not require a signature or seal from a licensed professional, unless there are issues or the submitted drawings do not suffice with meeting building code. In New York, all residential projects do required a signature and seal from a design professional. Furthermore, in all locations, all other types of buildings do require a signature and seal from a design professional; there are only a few rare exceptions.

One way to find out if the project in mind requires permits, and which ones are required is to reach out to your municipality’s Building Department and/or Planning & Development Department. One can do so via online, where most departments have uploaded information on their regulations and the forms for permits. One can also call or go in person, but this may take time since they are usually busy. My suggestion and best option is to connect with an Architect and hire them to do the research for you. In most cases they may already know the answer. Furthermore, one can hire the Architect for a Feasibility Study to make sure the scope may only need regular permits and not a Variance. A Variance is when the scope of work is not permitted in the zoning code or exceeds the maximum requirements or is not enough to meet minimum requirements. With a variance it takes longer as the application must be presented in front of a board and defend why they should allow to approve this nonconformity.

Once one knows what permit applications are required, one should have at hand a checklist, as well, of what the Building Department and/or Planning & Development Department requires for submissions aside from the forms. In most cases, they will require the most up to date survey of the property. In some Town’s they require them to be 1-2 years old or a letter from the design professional stating that the older survey still reflects existing conditions. Aside from the survey, one will also need the construction drawings reflecting how the project will be constructed and how it meets the building & zoning codes. If single-family housing it is likely only Architectural drawings. If it is multi-family, commercial, institutional, healthcare, or other it will likely require Structural, Mechanical, Electrical, Plumbing, Fire Alarm and Sprinkler drawings.

My advise when it comes to filling out the permit applications is to retain the Architect or Engineer complete the forms, or if they do not provide that as an additional service then to hire an expeditor to do so. There will be definitely portions the client will need to fill out but this method will make sure that all portions are completed correctly. Other options are to have the contractor do the filing or to do it oneself.

Now that we’ve covered how to legally file permits for new projects, let’s discuss projects that have been completed but not permitted. There are homeowners and building owners who conduct projects that by law need permits but do it without, due to lack of knowledge or because they do not wish to pay the fees. Either way, such work should be legalized, especially is one is looking to sell the property. A good lender and realtor will do the due diligence of doing a property search for the Certificate of Occupancy and all items that have been permitted. If the property has construction that has not been filed then it can delay the selling since the buyer and the lender can request the seller to legalize it prior to selling, or some instances the cost of the home can be reduced so then the new buyer can legalize it themselves. If one is a buyer, this is very key information to know to make sure there is no unforeseen expenses in the future for items one hasn’t done. Understand the value of hiring an architect for construction administration services.

To legalize existing construction, one will require an Architect and/or Engineer to review the work and create drawings reflecting the construction scope and how it does meet building and zoning codes. If aspects does not meet building code, one would need to revise the construction in order meet the requirements. If the construction scope does not meet zoning requirements, then it will require to get a variance. If approved it would stay and be legalized. If it is not, then it would have to be removed and brought back to original conditions or code compliant conditions. With that said, it is always better to take the time and pay the fees upfront and get it right then having to do it all at the end.

Hope the information is useful to everyone. If you’re in Long Island or even New York State, please feel free to contact me with questions and/or information on the project you wish to conduct. If you’re out of state, I am happy to any answer questions.

Also, comment below if you found this valuable and/or let me know what other information you would like to know about. I would love to get some feedback from you.

Keep growing,

Katherine Serrano Sosa