Q. I'm about to hire a contractor to redo my kitchen. The pictures he showed me of his previous work looked terrific, and he had the lowest bid. But he wants me to sign a permit application document. I thought this is something that the contractor should do. Am I being unreasonable?
--Marblehead, Mass.
A. Not at all. In fact, no matter how pretty that contractor's pictures are, I'd view his request that you to pull the permit as a red flag. No good can come to you from this arrangement, but you could experience a lot of harm.
Permits exist because it is in the public interest to ensure that houses are built according to building codes. Most municipalities don't require them for cosmetic projects like painting, but do for anything that requires work that could become a health or safety issue. Governments insist on permits not just to protect the current owners of a property, but also future ones—as well as mortgage and insurance companies that also have a stake in the home's basic soundness. They also require permits because a renovation or remodel usually adds value to a home, and taxing authorities want to keep track of changes so everyone is assessed fairly.
Whoever pulls the permit is responsible for the work being done correctly. While it is legal for you and unpaid helpers to take out a permit to work on your own property, if you tangle up the wiring or install the sink so it is off kilter, fixing the problem so it will pass inspections is on you.
If you sign the permit, you also become responsible for any mistakes, substandard materials, shoddy workmanship, bad engineering or other problems with the project's design and construction. Worse, if a worker is injured or does damage to someone else's property, you could be held liable as well.
Because there is such an incentive for contractors to foist the responsibility on unsuspecting homeowners, it isn't unusual for them to offer a discount or lowball bid to get them to cooperate. Or they may try to convince the owner to not pull a permit at all, arguing that doing so will just mean a lot of government red tape and the possibility of a higher tax bill down the road.
Don't fall for that pitch. Yes, you will have to pay more for the contractor to stand in line, fill out the paperwork and handle the inevitable inspections—but if he's legitimate, he'll know how to answer the city's questions and concerns better than you. What's more, according to Marblehead's building and inspections department, if you don't get a required permit before beginning work, eventually you will have to pay two times the applicable fee.
That is because even if you manage to have the work done under the radar, without the proper permits and inspections, there is always a day of reckoning. That is when you try to sell the house, and the buyer's inspector uncovers all of the unpermitted work—and you have to pay someone else to correct every flaw before the deal will close
So pay up front and have the contractor do it or pay big time in the end. Thanks for sharing!
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This is so good to know I have Been going back and forth for a month on a house that's a total re hab. I asked the current owner about permits and he said you don't need them because you are not doing wiring. This is interesting to know and will help me thanks for the great info.
This is a great post. Something that any of us may not be aware of and an unscrupulous contractor could get away with.
We don't see you here much anymore. We miss you.
Karen
"You're never too old to be what you were meant to be!"
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There is a flip side to this that should be considered:
As stated, permits are there for a reason and to insure that the the work is up to code. However, if the contractor pulls the permit (and charges you for the privilege) and you get into a tiff with the contractor and you fire him, you can lose the permit since he signed for it. (He could take it with him since it's in his name.) You then will be responsible to pull another permit and pay an extra expense. ( It happened to a friend of mine.)
Solution: Hire a reputable contractor. This is job #1! Then have the permits pulled by the contractor but in your name so that should the same thing happen, the permit stays on the property and not with the contractor.
I believe even Suze Orman spoke about this on her show because it happened to her as well.
Just something else to think about
Andy Sager
DG's AndyS
CFIC member
Andy Sager
DG's AndyS
CFIC & IE member
2013, 2014, 2015 & 2016 EDGE Alumni
Good point Andy, I actually had this happen but was lucky. I had the contractor pull the permit in my name. When the building dept came down to inspect they fined me for somthing not being code on the work that was done. Luckely I contacted the electrician and he was a stand up guy. He fixed the violation and paid the fine. End result I called him again for more work.
Permits dont cost that much so I wouldnt care if the contractor pulled them with him if i had to fire him. its much more costly if he doesnt do the job correctly and the permits are in your name. But I agree with you that you do your home work and hire the right guy.
thanks
Never ever give up!!
Richie
Hi Karen
Thank you, true i dont post much any more but i do pop in to see whats going on from time to time and help who i can.
best wishes
Richie
The key is the contractor. I guess it comes down to you get what you pay for.
As always, there are +s & -s to everything. You just have to weigh the +/- benefits/ costs.
Glad it worked out for you. Proof positive that there are stand up contractors out there.
Andy Sager
DG's AndyS
CFIC member
Andy Sager
DG's AndyS
CFIC & IE member
2013, 2014, 2015 & 2016 EDGE Alumni