Do contractors need to check for permits?

1/25/2018 at 4:04:15 PM

Homeowner is responsible regarding permits

And the contractor required to check with the homeowner if he has permit

1/25/2018 at 5:37:04 PM

Is there some sort of legal wording somewhere that says contractors are required to check for permits? What happens if the contractor does work without confirming if there is a permit first?

1/25/2018 at 6:32:08 PM

Hi Gordon.

Not necessary-Contractor may pull permits for you as well however they will charge you extra for this.

By the law contractor can not start any work until permits are in the place and they are responsible to do all the work according to building codes.If inspector point any wrong doing contractor is responsible to fix it until inspector approves project all corrections should be free of charge.

1/25/2018 at 9:20:05 PM

Hi Gordon,

In fact, the laws surrounding this are different in each province. In all cases the party that owns the land where the work is being done is responsible for all legal aspects, including permits and insurance.

I have yet to find any legislation that requires the contractor to "check" for permits being in place, with the exception of controlled work; i.e electrical (based on projects in 4 provinces). However, a good contractor will encourage you to obtain any/all necessary permits.

1/25/2018 at 10:55:12 PM

This is a great question because there are actually FIVE factors involved here. Doing extensive work on a house requires a building permit. Working without a permit can result in many difficulties for homeowners and contractors alike. For a quick insight into the building permits themselves, keep reading; otherwise, skip to Number 1 where it starts getting juicy.

To receive a permit, you will need to have drawings and pay a fee. The quality of drawings you need is negotiable because anyone can roughly sketch drawings themselves and submit them to the city for review. It is definitely recommended, however, to have your drawings drafted using a computer with extensive construction details.

The drawings are then reviewed by the building department for engineering approval and building code compliance. If any changes need to be made or more information is requested, the department will send your drawings back as insufficient. As soon as the package is satisfactory, a building permit is issued and work may proceed. Different inspectors are then assigned to the project according to their core competencies (structural, plumbing, etc.), and stay involved until its completion (occupancy). Inspections must be scheduled at various points during the construction project to ensure continuous drawing adherence.

FIVE FACTORS REGARDING PERMITS:

NUMBER 1: Building permits are there to protect the current homeowner. If the homeowner is not experienced with construction processes and best practices, it is wise having an objective third party inspect the work being completed.

Building inspectors ensure the building codes and drawings are being adhered to. Items such as plumbing runs, load-bearing walls, and basement waterproofing require special attention before being covered. If all the work is built according to the approved drawings, the homeowner can rest assured knowing; (a) their roof will not cave-in on their heads, (b) water will not penetrate their foundations, (c) plumbing lines will not burst behind their walls, and (d) everyone will have a jolly good time. Consider it an insurance policy that their project will give them many years of service. Furthermore, one can't place a value on relief knowing you are not violating local laws in your area, trying to secretly build without a permit.

NUMBER 2: Future homeowners are protected knowing that the house they bought was constructed in a safe manner. Imagine the frustration of the owners purchasing a new home then finding there are some concealed defects, requiring thousands of dollars more to make it right? (https://bc.ctvnews.ca/homeowners-out-thousands-because-of-unpermitted-renovations-1.1823662)

NUMBER 3: The contractor working on the house is required by law to work with a permit for several reasons (visit https://www.sjocconstruction.com/faq/ "Do I Need a Building Permit" for items that require a permit). Just as you are not allowed to drive a car without a license, you are not allowed to build without a permit.

If a contractor is caught building without a permit, a stop work order will be issued. The stop work order may also include an Order to Comply, Order Not to Cover, and/or an Order to Uncover. These work stoppages can cause drastic delays and untold aggravation to the project. Common penalties imposed include fines and being ordered to remove recently completed work. The contractor can carry a publicized conviction with them throughout their career, potentially losing untold revenue in future business. Knowing their work is being inspected; contractors remain professional from beginning to end.

NUMBER 4: Future contractors benefit greatly from past work complying with a building permit. The location where they are working has already been carefully recorded and documented. In the event they need to locate mechanicals or remove a bearing wall, they eliminate most of the unknowns and can proceed accordingly. It is too often the case where a contractor is working on an existing structure, only to find that the structure was not built properly and has turned into a hazard. Case in point: I often tell clients "One of the best things that you can do for a house is to renovate". We were tasked with restructuring the main floor of a large, three-story townhouse in downtown Toronto. The plans called for removing one of the main load-bearing walls and replacing it with a massive, 2200-pound steel beam. This bearing-wall was built using 2 x 6 studs, covered with drywall, and finished during a previous renovation. It sounds pretty straightforward, doesn't it? The scary thing is, once the drywall was ripped off this bearing wall, we found almost every stud had been cut into in order to straighten them! A trick that back-framers use to straighten non-load-bearing studs is to cut diagonally through 80% of the stud then nail it to take the crown out. This method of straightening the studs was used on every stud, to the point where the weight of two additional stories depended on it for support. Once the drywall was removed during demolition (drywall does add strength to the walls), this wall began gradually bowing to the point of nearly collapsing the townhouse. We were not near the point of removing this wall for the new beam. Due to its gradual buckling state, however, we quickly shored up the entire length of joists above to take the weight off. Looking back at it now, who knows what might have happened if this wall was never uncovered? We just so happened to have the proper equipment at the time to support it and didn't end up in a collapse situation. Point being, a situation like this would have never passed a framing inspection if it had gone through the proper channels. Permits protect future contractors.

And lastly, NUMBER 5: It goes without saying that building permits cover the behinds of the building department. Stories abound of homeowners and the general public that become affected in some way by unpermitted work. There is nothing worse than the building department receiving a complaint about not doing their jobs and preventing these incidents from occurring. It looks bad on the inspectors' part for not catching people in the act of working without a permit. They obviously can't be everywhere at once, yet they are ultimately responsible for building-related incidents.

To sum it up, homeowners and contractors always have the option to obtain a building permit or not. They will definitely save the upfront cost of building permits and resultant delays from inspections, but at what price? It is both their responsibility.

1/26/2018 at 12:15:54 AM

Thanks everyone.

Just a bit of background. I'm in Vancouver. I hired a company to install a patio cover. I'm a first time home owner and didn't know I needed a permit. The company didn't tell me nor did they check to see the permit before doing the work. Someone ended up reporting me, so an inspector came by and told me to take down the cover.

I know I am responsible for getting a permit, but I didn't know I needed one in the first place. I feel like these types of companies should be required to inform me, or at the very least confirm that there is a permit so they are building according to an approved plan. They just built it however they thought it would fit.

1/26/2018 at 4:54:35 AM

Hi Gordon,

To lodge a complaint, BBB and

https://www.consumerprotectionbc.ca/

Sean,

Very well said and explained Sean. thanks for posting for home owners and contractors

Dave

1/26/2018 at 12:20:24 PM

Nova Scotia - Allows the Option of either the Contractor or Property Owner applying for Permits. However, whomever applies the criteria remains the same. 3 Copies of the proposed work, 3 copies of the property plot plan, 3 copies of the site plan and an estimated value of the work preformed.

If the work changes you can always pop back to the HRM Permit Department submit the amended plans (3 copies) and pay more money.

Hope this helps