Do I Really Need a Building Permit?

When, and Why, Is a Building Permit Needed?

You have a vision. You know exactly how you would like to remodel your house. But do you need a building permit?

Most people who begin a remodeling or construction project on their property don’t like to think about building permits because of the costs and delays in obtaining permits and the inspections (and sometimes re-inspections) required. However, obtaining one ensures that the work is done correctly and is safe for you and your family.  In fact, for some remodeling work, such as electrical, plumbing, and HVAC, permits are required to be submitted and the work completed by licensed, registered, and insured contractors.  In New Jersey, to register as a contractor, an electrician, plumber, and HVAC contractor must show a license and proof of insurance.  General contractors in New Jersey are not required to have a license, but they must be registered as Home Improvement Contractors and carry the state-mandated appropriate insurance.

Municipalities issue building permits because permits ensure that construction or remodeling work meets the minimum requirements of the New Jersey Building Codes as a way to protect the consumer from harm or fraud. Cutting corners with permits and inspections means you can end up with work that is inadequate and/or dangerous.

In most cases, getting a permit means the work will be inspected by the necessary officials, making sure the results adhere to building codes.

For example, if your construction did not adhere to fire code standards and there is a fire that destroys property or injures people, you could face major legal liability issues, and even criminal charges.

Doing remodeling without a permit can come back to haunt you, even years later, when you attempt to sale your house.  Unauthorized work may be discovered if your potential home buyer hires an inspector, who may look for records related to home improvements. If “un-permitted” work is detected, buyers may balk or even demand a price cut. Lenders may refuse to fund a mortgage. And if the issue slips past lenders, appraisers, home inspectors, and escrow officers during a sale, buyers can later sue the sellers for not disclosing any defects beforehand.

How to check if a permit is required for renovations

But how do you know what projects require a permit? The easiest way is to contact your local construction office and ask.

Generally, you need to obtain a building permit from your municipality whenever you construct, enlarge, alter, repair, move, remove, improve, convert, or demolish a building or other structure.

You will usually need a permit for the following:

• New buildings
• Detached accessory buildings that exceed 200 square feet
• All non-residential construction
• Additions and alterations (e.g. replacing shingles, pools, decks, sheds, exterior stucco, egress windows, remodeling with structural changes
• Moving or demolishing a structure
• Temporary structures
• Installation of heating equipment, such as furnaces, wood stoves, stoves, wall heaters and fireplaces
• Signs
• Change in use of a structure such as garage conversions
• Repair from fire and natural damages
• Replacement of water heaters or other plumbing fixtures, air conditioning units, new electrical service, and rewiring, etc.
• Electrical work, low voltage wiring.

You usually do not require a permit for the following:

• One-story detached accessory structures used as workshops and storage sheds, playhouses, and similar uses, if they do not receive electrical or plumbing services and the floor area does not exceed one hundred twenty (120) square feet.
• Fences above a certain height, usually over six feet high.
• Decking surface replacement, as long as you are not replacing structural materials and if they are below 30″
• Painting, papering and similar finish work such as tiling, carpeting, adding cabinets countertops and similar finish work

If local authorities discover work being done without permits, you may be fined, construction may be halted, and the contractor may also face additional penalties. Also, you could be required to remove any of the unauthorized work. As a result, you may end up paying twice for the work.

Work done without permits is illegal work, adds no value to a home, and may become a liability. You should be able to sleep better at night knowing your project is in full compliance with local codes — and your family is safe.