Why building permits are so important in Massachusetts
Building permits are required for a lot of the work that might be done on homes in Massachusetts. For non-state owned buildings, the local municipality where the building is located is responsible for issuing permits. If you own your own home and intend using building contractors to complete the work you want done, then in most cases, it is the contractor who is responsible for pulling the necessary building permit. When a permit is issued for intended building work, it is intended to confirm that the work to be done conforms with the state building code. Building work that has been completed without a permit may be unsafe and, if detected by the department responsible for inspecting building work, may mean fines and other penalties.
It is important that before you engage a contractor to complete building work on your behalf that you include in your contract a firm agreement that the contractor is responsible for applying for a building permit. Building permits must be obtained from the relevant department before building work starts. Note that in some cases if you believe you have the skills and time and want to do the building work yourself, you should understand the importance of obtaining a permit before you start work and the penalties that could ensue if you fail to do so.
Examples of the sort of building work that would need a building permit
Building permits are needed for any work that is regulated by the state’s Building Code. That includes any of the following:
- constructing or reconstructing a building;
- altering a building;
- repairing a building( with exceptions);
- demolishing or removing a building;
- changing the occupancy or use of any part of a building.
Examples of work requiring a building permit include any sort of change to:
- a door, partition, wall or window;
- a Beam, column or supports that are load-bearing;
- the means of egress which includes the type of hardware used for door-locking;
- any type of occupancy that could affect the requirements for public health;
- fire prevention systems.
Minor repairs and home improvements that aren’t included in the descriptions above do not require prior building permits as long as any work done is according to the building code. There is a long list of relatively minor work that can be done by the homeowner or a contractor that doesn’t require pre-approval with a building permit, so before you start any such work it is advisable to check what you can and cannot do without a permit.
Why homeowners should ensure that contractors pull building permits
If a contractor tells you that you are responsible for obtaining a building permit for the work done by the contractor, then it should ring alarm bells. Any contractor who attempts to convince you that you should pull the permit could signal that the contractor is unlicensed or uninsured. Hiring a building contractor is not just about how much they are going to cost you for the work they do. It could cost you a lot more in the long run if you hire an unlicensed contractor!
If they do any work that requires a building permit, but a permit isn’t obtained before the work is done, then you could be liable for any penalties for not having a permit. This could include becoming liable for any work that the contractor has done that does not conform with the standards set by the building code. You could also be liable for any injuries to workers doing the building work. You may be requested to demolish or remove any unpermitted work and there could be additional fines and, in some cases, imprisonment if there has been a deliberate attempt to avoid obtaining a permit.
You may also face being sued by a new owner if you sell the property with unpermitted work that has been done while you owned it.
What can you do if work has been completed by a contractor without a permit?
Assuming that you believed that you had an agreement with the contractor, such as a signed contract that included a clause stipulating that the contractor was responsible for pulling the building permit, then you may be able to take legal action against the contractor for any liability and penalties you later face for unpermitted work. You should contact a construction law attorney to discuss the situation you are in and the legal options available.
The main legal avenues you could take include:
- suing the contractor for breach of contract (assuming that the responsibility for obtaining the permit was included in the contract agreement);
- suing the contractor for misrepresentation, basically fraudulent statements made by the contractor that the necessary permits had already been obtained when that wasn’t true;
- suing the contractor for negligence if you think you have sufficient evidence that the contractor had a legal duty to obtain the requisite permits which they didn’t do;
Failing obtaining compensation through litigation, the other potential avenues available are:
- advising the Board of Building Regulations and Standards (BBRS) about the contractor’s unpermitted work. This might result in sanctions being imposed on the contractor even if it doesn’t compensate you for any financial losses due to the unpermitted work.
- Applying for remediation from your local building inspection office. This involves providing details of the unpermitted work including plans and blueprints and an inspection by a building officer to see whether the work that has been done conforms to the standards set by the code. Remediation may mean that any work that is not up to standard has to be removed and there will also be fines involved due to violating the requirement for obtaining the permit before any work was done.
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