Although building a new home, renovating, or starting a small business can be exciting, securing the necessary permits for these projects isn’t. Many people find the building permitting process intimidating, but it doesn’t have to be. The key seems to lie in being as thorough as possible in doing your research, filling out the paperwork, and in maintaining good communication with town and city officials.

Why You Need a Permit

In essence, building permits are the legal approvals needed to “permit” you to build or renovate your home or business. They are designed to ensure that any construction you do is in compliance with the building codes of your community. Building codes are the safety standards defined by a particular community. They cover all aspects of construction from fire, structural and plumbing to electrical and mechanical. The law requires building permits to make certain that construction follows these codes and is done in a way that is structurally and mechanically sound; thus, ensuring public safety.

“Some people don’t think we have any legitimate right to be involved in this, but public safety is what drives the process and by law we do have the right. I think most reasonable people want to know that someone is checking on the contractors to make sure they do a decent job, and this is one of the benefits this process provides for,” says Jonathan Edwards, director of Hanover, New Hampshire’s Planning and Zoning Department.

When You Need a Permit

Yet, even if you recognize the necessity behind building permits, you may still face confusion over when it is necessary to secure them and how to go about it. The process can differ from town to town and can increase in complexity depending on the size and scope of the project. After all, each construction project is unique. One of the first distinctions most towns seem to make is whether the project is commercial or residential, although initially the process for both tends to begin in much the same way. Most communities define a residential project as involving single or two-family dwellings while multi-family homes and small businesses fit the commercial category.

“I think most reasonable people want to know that someone is checking on the contractors to make sure they do a decent job, and this is one of the benefits this process provides for”

“It’s best to ask questions of us, part of what we are here for is to answer people’s questions. Most people get into trouble when they don’t ask the questions and make assumptions,” says Edwards. “Generally speaking, if it can fall down and hurt someone, you need a permit.”

Although this is a good rule of thumb to follow, it can still be confusing. For instance, there are some simple maintenance procedures and repairs that may not require a permit. In Hanover, for example “if you take an existing window opening and put a replacement window in that does not need a permit, but if you alter the size or location of the window in any way, if you have to alter the structure, it does require a permit,” says Edwards.

Paula Maville, administrative planning assistant with the City of Lebanon, NH says “generally small maintenance items don’t require a permit. There is a little bit of electrical that can be done without a permit such as when you have existing wiring and want to put in a new outlet or a light fixture.”

In Hartford, VT, you could renovate your kitchen and not change the square footage and no permit would be necessary. “If you have ‘x’ square feet of footage and it’s the same, you don’t need a building permit because Hartford doesn’t have building codes when we’re talking single-family homes,” says Jo-Ann Ells, Hartford Zoning Administrative Officer. “Commercial and anything two-family is different, you would have to check with the State of Vermont for code requirements,” she says.

Even if major renovations are not involved, permits are also typically required if you change the use of your facility, such as converting a home into a small business.

With so many variables, the best solution does seem to be to ask.

“We really encourage people to come in to talk to us early on when they are mulling over the project, especially for the commercial stuff.
The earlier on they come, the easier we find the process is,” says Ells. On commercial projects, she notes, the community of Hartford provides the opportunity to go before the Planning Commission in an informal setting when you are first thinking about the project and receive feedback.

Who Secures The Permit

There is no diehard rule as to who needs to secure a permit. For larger projects, it is often wise to turn the job over to a contractor or consultant who typically charges a fee for their time. These experts have the advantage of being more familiar with the process and thus, will be more prepared to deal with any challenges that might arise.

“A lot of consulting engineering firms are very familiar with the process. They can be a real benefit especially if it’s a complicated or challenging site where you may want some engineering expertise,” says Ware.

The owner’s name, however, will need to be on the application. “We’ve had contractors, engineers, consultants, general contractors, property owners, aunts, uncles and cousins come in for the application,” says Maville. “It has to physically be signed by the property owner though.”

How To Start

Visit your community’s municipal office to begin the permitting process.

Maville encourages people seeking a permit to “be as specific as possible” when describing the work they want to do. The City of Lebanon has various applications depending on the project. There are individual residential applications for decks and porches, garages, residential interiors, demolition, heating systems, new residential, electrical upgrades, home businesses, sheds, residential additions and swimming pools. Individual commercial applications address commercial additions, commercial interiors, new construction, demolitions, electrical upgrades, signs and tent sales. Many towns make the applications for building and zoning permits available online on their web sites.

“The building permit process for both residential and commercial is almost the same,” says Maville. Commercial projects, however, typically need to involve the Planning Commission as well as the Zoning Board. In Lebanon, for example, a small business would first have to go through the planning board and file for site plan review. “There is a month lead time in the actual application process,” says Maville. “Once you go before the planning board and everything is okay, you could get a decision that night and take that approval and apply for a building permit.”

When seeking a permit for a commercial project, you may also need to consult the code requirements of the state as well as the town. For residential projects, the process is relatively simple. Many towns have streamlined the process so that only one application is necessary to receive both building and zoning permits. The Town of Hanover, for example, has a combined application for the two.

A good tip is to ask upfront what other departments might also need to grant approvals. The fire inspector, for example, may get involved if code requirements dictate the need for a fire alarm or sprinkler system. In Hanover, for example, oil and gas installations require a separate permit that has a fee associated with it. You may also need to consult the Public Works department on water and sewer connection permits or driveway permits as needed.

Permit Fees

Permit fees can add substantial costs to a project and again vary with each community and type of project. In her article “Building Permits and Inspections” for Jersey Log Homes, writer Mercedes Hayes suggests budgeting $1,500 to $2,000 for permit fees for new home construction. Amerispec, a home inspection company, says “minimum charges generally range from $50 to several hundred dollars.”

In Lebanon, fees for residential permits are based on the cost of construction. They run on a sliding scale up to $5,000. For anything over $5,000 there is a $50.00 flat fee plus 4/10s of 1% of the total cost of construction.”

Hanover charges a $25 fee for code review plus building fees calculated on a cost per square foot basis. For dwellings, additions, etc. this cost is calculated at $.40 a square foot and for garages, porches, pools, etc. at $.25. There is also a $25 fee for zoning review. For commercial projects the permit fee is $50.00 plus $5 per $1,000 of construction cost up to 10 million dollars. For projects over 10 million there is another fee schedule.

Additional fees to consider are water and sewer connection fees and driveway permit fees. Some towns also charge impact fees. Hartford, for example, assesses fire, library, recreation and school fees on new construction. These fees are designed to recover the cost incurred by the community in providing the public facilities required to serve the new development.