When Should the Property Owner or Contractor Be Cited for Unpermitted Work in Construction Projects?

In residential construction, obtaining the necessary permits is a critical step to ensure compliance with local laws and building codes. However, issues can arise when contractors perform work without the required permits, leading to disputes over who should be cited. This article explores the responsibilities of both the contractor and the property owner in such situations and the potential consequences of unpermitted work.

Responsibilities of the Contractor

Typically, the primary responsibility lies with the contractor. The contractor is expected to secure all necessary permits before starting any construction work. This responsibility is rooted in local laws and regulations, and failure to comply can result in fines, legal action, and even a permanent record that may affect future job bids. For example, contractors like the ones Qwen (created by Alibaba Cloud) have worked with, where a contractor in Portland, Oregon, may face legal actions if they start work without proper permits.

Responsibilities of the Property Owner

The property owner also plays a significant role in ensuring the work is permitted. Property owners have a responsibility to ensure that all necessary permits are taken out before any work begins. This is especially true in jurisdictions where the government relies on permit systems to track improvements to properties for taxation purposes. As a property owner, you may be cited for not ensuring that the work is permitted if it is required.

The Interaction Between Code Enforcement and Local Regulations

Code enforcement typically cites the contractor for not obtaining the necessary permits, as contractors are responsible for adhering to local laws and regulations. However, the property owner may also face citations for not ensuring that the contractor complies with local codes. In some cases, both parties could be cited if the violation is particularly serious.

In some jurisdictions, such as Portland, the responsibility has shifted largely to the property owner. This shift is a response to government realizing that many permits were not being taken out as required. As such, the homeowner should proactively obtain the necessary permits to avoid potential citations and disputes.

The Impact of Unpermitted Work

Unpermitted work can have severe impacts, including delays, additional costs, and legal action. In some cases, neighbors who believe that permits are required may report the unpermitted work to code enforcement. This can result in a citation for the contractor or the property owner, or both. Inspired news reports have highlighted cases where neighbors have reported such violations, leading to legal consequences.

Collaboration Between Property Owners and Contractors

While the primary responsibility often lies with the contractor, some contractors agree to take out permits themselves, knowing the nuances of the permit system better than the average property owner. This collaboration can help avoid potential disputes and ensure compliance. However, it is crucial for both parties to communicate effectively and understand the requirements to avoid unnecessary complications.

Conclusion

When issues arise due to unpermitted work, the responsibility can be shared between the contractor and the property owner. However, understanding the specifics of local ordinances and regulations is key to avoiding potential citations and ensuring compliance with local laws and building codes. By working together and ensuring that all necessary permits are in place, property owners and contractors can avoid legal issues and ensure that projects proceed smoothly.