BUILDING SMART: NAVIGATING BUILDING PERMITS, ZONING, AND BUILDING CODES - Part 1
Starting a home renovation project or setting up a new shop can be daunting. Getting underway means relocating yourself or your operations for a period, dealing with contractors and vendors, and arranging for financing. Many times, it also means having to get a building permit, which may seem like an unnecessary expense and added hassle.
A building permit may not be necessary for some changes to your home, office, or commercial space, but they are required most of the time. Sometimes they may trigger other requirements that would involve your jurisdiction’s planning board or board of adjustments, not just the building department. Knowing the difference between when a permit is needed and how to navigate the different requirements is critical to ensure the success of your project.
WHY PERMITS MATTER
Having a permit when one is required for the work in your building or space is important for several reasons. Permits ensure safety, yours and the building occupants; they are a legal requirement, which protects you from fines or other violations; they help make sure that your homeowners or business insurance coverage stays in place, and consequently, it helps protect your investment.
Going through the process of getting a permit ensures that safety codes are followed. Among other things, building codes are there to ensure the safety of occupants and that structures maintain their integrity.
Legally, acquiring a permit ensures that your project stays on schedule as costly delays are avoided and any mistakes in construction are addressed in a timely manner. If a municipality discovers that work is being done without a permit, it may issue a stop work order. This triggers a costly and time-consuming process to restart the work. Also, having regular inspections as part of the permit process can point out any shortcomings that your contractor may have and allow for correcting them promptly.
Keeping your home or building insurance active is also important and not acquiring a permit when needed for any alterations may affect your coverage. You may be found to be negligent by your insurer if a mistake in unpermitted construction causes damage to other parts of the house. This can cause them to deny your claim, and if something worse happens, even change the terms of your policy or cancel it altogether.
In effect, acquiring a permit for your project not only protects your welfare and keeps insurance coverage, but also protects your home or space as an investment. It eases resale of your property and any refinancing that you may do. It also ensures that any work done without a permit does not need to be torn down or cause you to pay costly fees to your municipality.
WHEN DO YOU NEED A PERMIT?
As previously mentioned, a building permit is not always needed for your building project. For example, if the work you are doing is cosmetic or non-structural, a building permit is usually not required. This includes painting, installing or replacing flooring, or changing your kitchen cabinets. Sometimes accessory buildings on your property do not require a permit. For example, accessory buildings under 200 square feet in area do not require a building permit in New Jersey.
Generally, a building permit is needed when you are doing structural work on your property. Any attached deck, building addition, or major renovation will need to be permitted by the building department. Other changes that will require a permit include tenant improvements, change of use, or new exterior signage. Accessory dwelling units, where allowed in residential districts, also need to be reviewed for a permit. Finally, changes to the building’s major systems such as electrical work, a water heater replacement, or HVAC replacement will also require a permit.
Hopefully, this clears up some of the confusion around permitting for your construction project. You may not always need one, but when you do, it’s important to have it. Next time we will discuss the other aspects surrounding the process, such as zoning and when you may need to apply for a variance.