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Who’s to blame if work is done without a permit?

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Posted by: from Brantford
2/28/2023 at 2:46:30 AM

Would the homeowner or contractor be the one responsible if work is done without a permit? Currently looking at doing a job where the customer does not want a permit, I know people will say don't do it but just for my knowledge who would be held liable for not getting a permit if the building department shows up and shuts us down would the contractor get in trouble or just the homeowner?

REPLIES (6)
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Date/Time2/28/2023 at 3:48:39 AM

Client is responsible that the work is contracted as per legal requirements but the Contractor is responsible that all work meets compliance and a permit will guarantee this. Doing work anyway without one can come back to cost the Client substantially in future, void their insurance & open Contractor up to future legal liability. Most work requires one or even several but some do not, such as minor non structural remodels, replacing some existing construction with same, decks under 2ft etc. I will accept work that requires no "legal permit" but only if Client agrees to it being undertaken as if one was in place. I will not cheap out or cut corners. I make sure they understand the implications completely. At the end of the day any job delays, expenses or issues due to improper management by the contractor will be the contractors responsibility if you have a Client that does not want to pay for this. Good rule of thumb, "never" do work without a permit that requires it and if does not? quote the job and do the job as if it had one anyway. Decline any work where a Client insists on illegal projects.

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Date/Time2/28/2023 at 12:24:07 PM

Both are responsible and would receive fines from the building department. I have seen them charge double the standard permit rate to the client and a similar fine to the contractor but not common.

If you do structural work without permits make sure all is designed above minimum code just in case, this covers your liability for work but not for permits.

Best of luck.

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Jay in Brantford
Date/Time2/28/2023 at 12:37:18 PM

Nothing structural it's just for insulation and drywall.

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Date/Time2/28/2023 at 7:02:17 PM

As long a no one gets hurt there wouldn't be any issues. I've worked on houses and projects without permit b4. They shut down the site if they find out and make you get a permit. And if something isn't up to code it will be for you to fix if you did the work. Also the homeowner probably won't keep paying you if the site gets shut down.

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Amelia in Toronto
Date/Time3/3/2023 at 5:20:31 AM

both the homeowner and the contractor can be held responsible for performing work without the necessary permits. The specific laws and regulations regarding permits and building codes can vary by location, but in most cases, it is the responsibility of the homeowner to obtain the necessary permits before starting any construction or renovation work.

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Date/Time4/7/2023 at 11:07:57 AM

I know you are talking about building permits, but just to add that almost all electrical work in Ontario requires a "permit" and must be completed by a Licensed Electrical Contractor (LEC).

If a permit is not taken out, the LEC is at fault and the homeowner will likely get their insurance cancelled until the work is properly permitted and inspected.

Cheers

John Kuehnl-Cadwell, CD, ME

Master Electrician

Datawise Solutions Inc

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