Businesses can be confused when it comes to the permits needed for expansion or remodeling. It seems that every town has a slightly different set of rules. Attorney Amy Souchans traffics in the world of building and permits and answered the following questions for the Business Journal.
What is the easiest way to find out if you need local permits for a project?
“The best method is to contact the building department in the municipality. This department handles the permit issuance for most renovations and interior work. More importantly, it can direct you to the other municipal agencies from which approvals may be necessary. Most municipal departments have walk-in hours throughout the week when a property or business owner can inquire about procedures and requirements.
“Do not make assumptions about the scope of what may be required. For instance, even if you do not have wetlands on your property, wetlands located on an adjacent property may require a review of your proposed activity.”
In general, what is the purpose of the permitting process?
“The process is designed to achieve compliance with local and state regulatory obligations, to ensure the building is safe and not infringing on the legal rights of neighbors. On a practical level, the permitting process ensures that the work is done in compliance with the relevant life safety codes like the building, fire and health codes.
“Permitting protects your property value. Your business is an investment. If your project does not comply with the applicable codes and standards, the value of your investment could be reduced.”
What are common pitfalls in the process?
“The most common pitfall is never getting a permit in the first place! Otherwise, common problems include not understanding the requirements or not allocating sufficient time if multiple approvals are needed. Also, an existing business contemplating a move to a new location should consult with the municipal departments to confirm that it is allowed to operate in the new location.”
What permits might be needed?
“Broadly speaking, building permits cover much of the work that would occur with an existing building, including electrical and plumbing. Depending on the type of business, additional review may be needed, such as the health department for a restaurant or hair salon. If any significant work is proposed (building expansion, additional parking, substantial renovation or the like), the owner may need to apply to the local land use agencies such as planning, zoning or inland wetlands for approvals before a building permit can be issued.
“Pay special attention to parking: businesses are required to have a certain number of spaces, including for the disabled; the exact number depends on the business and local regulations.”
How much time for the permitting process should be allotted?
“If only a building permit is needed, typically two to four weeks is adequate if the required plans are in order. The land use approval process generally will take three to six months, after which the building permit can be processed.”
What kinds of permits are required that a business might not anticipate?
“Permits are needed for items such as sign installation, sheds or accessory structures, fences and walls, and demolition work. Changing windows to doors, moving plumbing fixtures to different locations, moving an interior wall or altering a driveway all typically require permits. The building and zoning departments can offer guidance when presented with a particular plan.
“If you are just hanging wallpaper or painting the walls, of course, you will not need to obtain a permit. But in some locations, you may need a building permit even to change an electrical fixture.”
What information is necessary to obtain a permit?
“Generally, construction level plans and details are needed, along with proof of insurance, contractor licensing information and application fees. Many towns require tax clearance, so be sure to have all local property taxes paid prior to starting the process.”
Amy E. Souchuns is an attorney with the Milford-based law firm Hurwitz, Sagarin, Slossberg & Knuff. She represents developers, property owners and prospective purchasers in land use and real estate matters and has regularly appeared before commissions and agencies throughout the state on a wide range of applications. She can be reached at 203-877-8000.
