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By Kim Gifford
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. |
