# Ownership of a building permit



## charlie (Apr 20, 2012)

A licensed contractor takes out a building permit to build a new SFD for the property owner. After getting a drywall inspection (whiched Passed) the homeowner fires the contractor from the job. Can that home owner take over that existing permit and if so where in the code section might I find that?


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## cda (Apr 20, 2012)

More than likely a city policy

Seems like the person that pulled the permit owns it


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## gbhammer (Apr 20, 2012)

The contractor is the owners agent and is simply allowed to apply for the owner. He is not the sole holder of the permit. Section 105.1


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## gbhammer (Apr 20, 2012)

The commentary for 105.3 goes so far as to say that permission to make an application should be granted by the owner before an agent can apply.


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## GBrackins (Apr 20, 2012)

in my area when this happens the licensed builder goes into the building department and closes out the permit. they do this because it has their name as the licensed builder and their liability information. the owner, if wanting to continue when then have to come in and transfer the permit in their name or a new builder's name (they have to sign the transfer also). could just be a Massachusetts thing (or maybe just my local area).


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## pyrguy (Apr 20, 2012)

I did the same thing in another AHJ. Owner signs that the original builder or subcontractor is no longer on the job and who is the new person/company. New guy fills out a new application and life goes on.


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## fatboy (Apr 20, 2012)

Similar to pyrguy, we keep the old info so we know who the contractors were up to that point, make note of how far along they are, and then add the new contractor. The owner owns the permit. JMHO


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## Architect1281 (Apr 20, 2012)

We Look to our enabling law for those thype of items in RI it goes like this

§ 23-27.3-115.5 Dismissal of contractor or subcontractor.

Should an owner dismiss either a contractor or subcontractor for any reason:

(1) Upon hiring a new contractor or subcontractor, the owner shall, at no additional fee, file an application for an amended permit which shall include the names, addresses and any licenses or registrations required of the new contractor or subcontractor; as well as any changes needed to complete the work in accordance with the approved plans and specifications or to remedy any outstanding code violations; and

(2) Upon receipt of an application for an amended permit the building officials shall conduct an inspection to determine the extent of the work done to date and whether any corrective work is necessary to complete the project in accordance with the approved plans and specifications or to remedy any code violations.


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## fatboy (Apr 20, 2012)

Cool, it was codified ............I might have to "borrow" that for an amendment in my next code adoption.


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## Mark K (Apr 21, 2012)

If an Owner did not own the permit and he changed contracts he would need a new permit.  But if the adopted code had cahnged since he first applied he might find it necessary to comply with the new code.  This could have serious consequences for the project.

Rather than closing out the permit when the contractor leaves the project a better approach would be to suspend the work untill you can obtain and process the appriprriate information on the new contractor.  The building official can issue a stop work notice when the work is not being done in accordance with the issued permit which listed the contractor.  This can be cured by the Owner submitting the revised information.


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## David Henderson (Apr 24, 2012)

Homeowner owns permit. The permit follows the property not the individual.


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## Papio Bldg Dept (Apr 24, 2012)

gbhammer said:
			
		

> The contractor is the owners agent and is simply allowed to apply for the owner. He is not the sole holder of the permit. Section 105.1


In most cases around here the contractor is the land owner...and that circumstance does not come up too often, but when it does, they who applied/paid for permit, own said permit, and permit is not transferable without written consent.  If the owner wants to continue work, we will issue a new permit to the owner , or new contractor, for the remainder of work to be completed.  I refund maybe made for the initial permit if formally requested, and in accordance with adopted policies per the department.


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## Papio Bldg Dept (Apr 24, 2012)

David Henderson said:
			
		

> Homeowner owns permit. The permit follows the property not the individual.


As far as I know, that is not entirely true, especially when State Licensing is under consideration.  A common example we have is with State licensed electricians.  State requires them to pull their own permit.  License is a requirement of permit, and not transferable to another applicant/contractor or owner.


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## David Henderson (Apr 24, 2012)

I only know about Calif. owner or owners agent, and agent must have a signed document stating he can pull said permit in pwner name.


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## steveray (Apr 24, 2012)

Owner has it...like DH and GBH here......however they want to sort out future liability is up to them....


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## Mark K (Apr 24, 2012)

If the contractor owns the permit this could place the contractor in a very strong position.

Consider what happens when the contractor walks from the project.  The permit is closed out and the Owner must apply for a new permit.  Since the applicable code is dependant upon the date of application for the permit.  If the applicable code has changed since the original application for a permit the Owner might find that he has to comply with additional requirements that might cost him more money and in some cases might mean that the project is no longer feasible.

Should the building regulations take sides?  I think not.


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## rnapier (Apr 25, 2012)

Here in NJ the owner of the property owns the permit and that transfers to a new owner if the property changes hands.

(d) Application for a permit shall be made by the owner, or his agent, a licensed engineer, architect or

plumbing, electrical or other contractor employed in connection with the proposed work. If the application is by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the authorized person making the application, that the proposed work is authorized by the owner in fee, and that the applicant is authorized to make such application. All issued permits shall remain the property of the owner even if the application was made by a contractor or authorized agent.


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