Building Permits
My first home I built entirely without any building permits. In rural Alaska during the early 1970’s, permits were not required and no organized official governmental authority existed to issue one or inspect the work. Contractors and owner-builders like myself were required to follow a state building code and good construction practices.
Home building in Alaska had its own set of unique challenges and scarcity of building materials required many creative innovations. Time was always a crucial factor. The ground would be completely frozen until “spring breakup” usually in late April or early May and by the end of September the home needed to be water tight and heated. Thousands of homes and entire cities were built without a single building permit and have weathered sub-zero winter temperatures, winds gusting to hurricane strength and routine earthquakes of magnitude 3.5 and better.
Fast-forward 35 years. The building permit process and their accompanying inspections have become the accepted standard and law in most communities. Our county’s building department is charged with the responsibility of insuring that all buildings meet a minimum standard of construction to insure the health and safety of its citizens. Homebuyers and sellers should have a basic understanding of the permit process and potential liability in their absence.
If a man made structure exists on a property in El Dorado County, it probably should have a permit. There are a few exceptions: A storage shed less than 120 square feet without water and electric, a radio antenna, a detached deck not higher than 30 inches off the ground, a fence under six feet high, a retaining wall under 4 feet, an above ground pool holding less than 5,000 gallons of water and a concrete driveway or sidewalk.
Most all the homes in the county have a permit on file someplace but I am skeptical about all the other structures including: storage sheds, barns, stalls, pump-houses, detached garages and workshops. Garages are sometimes converted to additional living space without the benefit of a permit, carports are enclosed, spas and hot tubs moved onto a deck or patio and I have seen a few room additions that probably were not permitted.
Most unpermitted structures will safely outlast the original builder and subsequent owners but what if they don’t? If a fire in an unpermitted detached workshop results in an injury, who, if anyone is responsible?
California real estate law requires home sellers to disclose to buyers any material facts that may affect the property including the absence of any building permits. The law does not prevent a property transfer if permits do not exist, only that the disclosure be made. In our seller’s market between 2000 and 2005, most unpermitted room additions or structures were overlooked. Today, homebuyers are more inclined to demand that proper building permits be obtained prior to the close of escrow or move on to another property.
The county has a process for obtaining permits after the fact. An additional “investigation fee” equal to the amount of the Building Permit Fee will be charged. General information on permits, fees and inspections can be found on the county’s web site at www.co.el-dorado.ca.us. If a home was built after 1987, the permits will be found on-line and prior to 1987, stored on microfiche.
I sleep easier knowing that the county’s policy on permit violators is reactive not pro-active. Jim Wassner, the Operations Supervisor for Code Enforcement, doesn’t go snooping around the county looking for unpermitted hot tubs and hay barns with a hanging light bulb. If he becomes aware of a violation, however, his office is charged with investigating the slacker and taking appropriate actions necessary to bring the property into code compliance.
So how does Jim find out about all the unpermitted work in the county? Anyone can report a suspected non-permitted violation but the most frequent complaints come from: contractors who believe they were under bid by another contractor, disgruntled neighbors who have a beef with another neighbor and ex-wives and ex-husbands reporting on each other.
Permits, fees and inspections may be avoidable but the on-going liability isn’t worth the savings. Sellers should obtain valid permits on any unpermitted structures prior to putting their home up for sale and buyers or their agents should check on any suspected violations.
The bureaucratic permit process is an expensive hassle for conscientious and knowledgeable builders but insures against the incompetent and fraudulent. Besides, having all your permits guarantees that you won’t get a call from Jim Wassner making an appointment to inspect the electrical connection on your hot tub.
Home building in Alaska had its own set of unique challenges and scarcity of building materials required many creative innovations. Time was always a crucial factor. The ground would be completely frozen until “spring breakup” usually in late April or early May and by the end of September the home needed to be water tight and heated. Thousands of homes and entire cities were built without a single building permit and have weathered sub-zero winter temperatures, winds gusting to hurricane strength and routine earthquakes of magnitude 3.5 and better.
Fast-forward 35 years. The building permit process and their accompanying inspections have become the accepted standard and law in most communities. Our county’s building department is charged with the responsibility of insuring that all buildings meet a minimum standard of construction to insure the health and safety of its citizens. Homebuyers and sellers should have a basic understanding of the permit process and potential liability in their absence.
If a man made structure exists on a property in El Dorado County, it probably should have a permit. There are a few exceptions: A storage shed less than 120 square feet without water and electric, a radio antenna, a detached deck not higher than 30 inches off the ground, a fence under six feet high, a retaining wall under 4 feet, an above ground pool holding less than 5,000 gallons of water and a concrete driveway or sidewalk.
Most all the homes in the county have a permit on file someplace but I am skeptical about all the other structures including: storage sheds, barns, stalls, pump-houses, detached garages and workshops. Garages are sometimes converted to additional living space without the benefit of a permit, carports are enclosed, spas and hot tubs moved onto a deck or patio and I have seen a few room additions that probably were not permitted.
Most unpermitted structures will safely outlast the original builder and subsequent owners but what if they don’t? If a fire in an unpermitted detached workshop results in an injury, who, if anyone is responsible?
California real estate law requires home sellers to disclose to buyers any material facts that may affect the property including the absence of any building permits. The law does not prevent a property transfer if permits do not exist, only that the disclosure be made. In our seller’s market between 2000 and 2005, most unpermitted room additions or structures were overlooked. Today, homebuyers are more inclined to demand that proper building permits be obtained prior to the close of escrow or move on to another property.
The county has a process for obtaining permits after the fact. An additional “investigation fee” equal to the amount of the Building Permit Fee will be charged. General information on permits, fees and inspections can be found on the county’s web site at www.co.el-dorado.ca.us. If a home was built after 1987, the permits will be found on-line and prior to 1987, stored on microfiche.
I sleep easier knowing that the county’s policy on permit violators is reactive not pro-active. Jim Wassner, the Operations Supervisor for Code Enforcement, doesn’t go snooping around the county looking for unpermitted hot tubs and hay barns with a hanging light bulb. If he becomes aware of a violation, however, his office is charged with investigating the slacker and taking appropriate actions necessary to bring the property into code compliance.
So how does Jim find out about all the unpermitted work in the county? Anyone can report a suspected non-permitted violation but the most frequent complaints come from: contractors who believe they were under bid by another contractor, disgruntled neighbors who have a beef with another neighbor and ex-wives and ex-husbands reporting on each other.
Permits, fees and inspections may be avoidable but the on-going liability isn’t worth the savings. Sellers should obtain valid permits on any unpermitted structures prior to putting their home up for sale and buyers or their agents should check on any suspected violations.
The bureaucratic permit process is an expensive hassle for conscientious and knowledgeable builders but insures against the incompetent and fraudulent. Besides, having all your permits guarantees that you won’t get a call from Jim Wassner making an appointment to inspect the electrical connection on your hot tub.
posted by Ken Calhoon at 6:41 AM
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