Who's Regulation Is It Anyway?

Quick Tips to Help You Figure Out What Applies & When

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If you're going to build (or change) anything, anywhere . . . it’s very likely you need permission from someone. But knowing who’s permission to seek is not always clear.

For instance, want to put down a 15 foot by 15 foot area of concrete pavers in your backyard to make your weekend barbeques better?

It’s possible you’ll need architectural approval from your homeowners association (they may want to see a design and a ‘materials board’ of what kind of pavers, etc.) and you may need your local municipality (depending on how much soil you disturb, how much of your lot is already covered in ‘impervious’ surfaces, and other factors) to sign off as well.

Want to run power and water to the new paver area so you can have a built in cooking bar with outdoor appliances and a flat screen TV?

Then it’s very likely you’ll need an electrical or plumbing permit.

Helpful Tips

Since the rules can vary greatly based on geography, locality, age of your neighborhood, and many other factors, here are some tips:

1. Check your paperwork. When you closed on your home, you should have been provided copies of any covenants, codes or restrictions that apply to your property. These often spell out what you can or cannot do to your home, yard, driveway, etc. without first getting permission from the association that governs the homes in your neighborhood. These documents also inform as to the process of seeking neighborhood approval prior to any work. This can save you from situations like this: A Red Diamond in Driveway? West Boynton Homeonwer, HOA in Bitter 3-year Lawsuit Battle.

2. Be proactive. When it comes to building things and making improvements, asking for forgiveness is usually much more expensive and time consuming than asking for permission. So, if you live in a neighborhood that has a homeowners’ association, condominium association, etc. then you need to reach out to either the association’s management company or someone on the board to figure out what rules or processes apply. Don’t forget to talk with your city or county too!

3. Confer with Your Local Planning/Building Department. Some jurisdicitions will charge double the fees if you’re caught doing the work before you have a permit. So, I encourage you to also proactively visit with your local planning/building department to describe in detail what you’d like to do and find out what rules apply. Keep detailed notes on who you talked to, when you spoke to them and what they said. And if possible, follow up by sending them an email summary to confirm you understood everything correctly. I’ve seen too many occasions where a client visited (in person or over the phone) with someone in a planning office but they keep notes and no one in the planning department remembers talking with them. As you can image, those clients’ recollection of the advice is very different from the jurisdictions.

4. Hire Reputable Professionals. If you have to submit applications or plans for approval, you may want to get the help of a professional that does that work for a living. This means hiring a reputable contractor, tradesperson (plumber, electrician), etc. to do the work and confirm with they in your contract that they will handle the permits AND call for any inspections. For additional tips on hiring contractors, contact your state or you state’s contractor’s association (example: Washington State). Local planning and building department’s can’t make recommendations, but if you ask questions like: How long does it typically take to get these permits?

   How many rounds of review does it typically take before these permits are approved? What are the last 10-15 firms that have applied for these permits?

   How long was the process for each of these 10-15 permits? These questions should help you identify which companies are busiest in your jurisdiction, how their performance stacks up to the typical timing the jurisdiction cited, and etc.

5. Keep Records. Make sure you keep records of everything from your emails to the association management company to reciepts and records of your visit to the city. And even copies of the permits and inspections. Sometimes banks and buyers want to see the evidence that prior work was approved. And if something bad were to happen, your insurance company will want to verify all the correct steps were followed.

Got a question about a project or a permit? Feel free to reach out or drop a comment below.