Am I at Risk for Not Getting a Permit After Hiring a Licensed Contractor?

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Asked By NewHomeAdventurer On

I recently bought a home and hired a licensed contractor to build a front entry porch with a balcony above (6x10ft). As a new homeowner, I trusted the contractor's advice when he told me a permit wasn't necessary because it was a small job. After signing a contract for the work, which was significantly cheaper than another bid, I was reassured by the contractor during the initial setup. However, after 15 days, when the work was supposedly finished, I found multiple issues: the railings are unstable, the gutters are falling apart, and there's a concern with the flashing that could cause water damage. Before making the final payment, I want to ensure the work is up to code. The contractor has now threatened me with fines from the city and additional fees for late payment. My question is: am I liable for not obtaining a permit, even though I hired a licensed and bonded contractor?

3 Answers

Answered By InspectionNinja On

Generally, yes, it's the homeowner's duty to obtain permits, but it can depend on local regulations. Often contractors will pull permits, but if it wasn't in your agreement, you might be on the hook for that. It's a good idea to check with your local building authority to confirm the necessary permits for your project. Just hold off on making that final payment until you know for sure that everything is safe and compliant with the codes in your area. And don't worry too much about the contractor's threats; if the work isn't up to code, he might not have a leg to stand on.

CuriousCasey -

Thanks for the heads up! I’ll make sure to reach out to the building department and find out if any permits were needed.

SafetyFirst789 -

Great advice! Better to be safe than sorry when it comes to construction.

Answered By ConstructiveChris On

You should definitely review your contract to see who is responsible for pulling permits. Typically, it's the homeowner's job, but some contractors include it in their services. Make sure to keep an eye on what's required for future projects, as building permits are there for safety. It might also be worth mentioning your situation to the licensing board if the contractor isn't following through on what's needed.

Answered By BuilderBuddha On

In most places, it's ultimately the homeowner's responsibility to ensure that permits are secured when needed. Failing to get a permit can lead to fines, especially if the work isn't compliant with building codes. I suggest you reach out to your city or county office to clarify whether a permit was required for the porch and balcony. Document everything, including the original agreement and any communications with your contractor. If you believe the work is unsafe, don’t pay him the remaining balance until you get it checked out by another professional.

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