Tricky situation with permit

[Farmaholic]

We're in a pickle! My neighbor is working on an outbuilding for our machinery, but it turns out that we expected him to get the permit, while he thought we had already obtained it. Folks, we're about halfway through the build already! What do we do now? I don't want to get him in trouble or risk his license. He's a good neighbor and a dear friend of the family. Plus, we didn't have a contract, so it's not like we can place 100% of the blame on him. So, do we ride it out and deal with the issue if the city or county says something, or do we apply for the permit and pray they don't force us to tear the structure down? Are there any other options? This is the first time that we haven't played by the rules.

 

[mantis]

That sounds rough, Farmaholic. Maybe you could ask the guy to adjust its height, square footage, or other attribute that causes it to fall under the permitting laws. If you do move forward with a permit application, I highly doubt that your neighbor would get into trouble. You'd simply file as the owner.

 

[aquafire]

I probably have an unpopular opinion, but in your shoes, I'd let it go and continue with the project. It will likely only become an issue when you want to sell up. At that point, you could apply for a retroactive permit.

 

[BobaChewie]

I do not believe your neighbor will get in trouble or will they force you to tear the structure down unless that structure is legally not allowed to be there to begin with. I work in Building and Safety and there are plenty of people who apply for permits retroactively due to not realizing a permit was needed or believing it was already obtained. I would highly recommend applying for the permit though because if you are caught without a permit you could be in a lot more trouble. You could be hit with a comply order by Inspection which could easily rack up to thousands of dollars. A comply order is basically you have X amount of months to obtain a permit and it could become very stressful learning how to obtain a permit and going through the process, while under the pressure of having to pay X amount of money, which increases periodically if you have not obtained a permit. I've had customers attempt to obtain a permit after the fact and they do not look happy lol

 

[tdugan]

We're in a pickle! My neighbor is working on an outbuilding for our machinery, but it turns out that we expected him to get the permit, while he thought we had already obtained it. Folks, we're about halfway through the build already! What do we do now? I don't want to get him in trouble or risk his license. He's a good neighbor and a dear friend of the family. Plus, we didn't have a contract, so it's not like we can place 100% of the blame on him. So, do we ride it out and deal with the issue if the city or county says something, or do we apply for the permit and pray they don't force us to tear the structure down? Are there any other options? This is the first time that we haven't played by the rules.

Hello: based on how our jurisdiction handles things - I would encourage you to apply for the permit now, since you are aware. In our jurisdiction, you would not get in trouble but would only get charged a double fee. You would not need to tear the structure down, just stop work until the permit is issued and onsite. You will need inspections on this structure and inspections cannot be done unless a permit is issued and you are in compliance. Hope this helps!

 

[W3 Planning and Research]

Walk in and tell your jurisdiction what happened. There is far more honor in taking care of the problem now and fixing any problems. If this continues, it is a true unpermitted structure, and subject to all corrections, permitting and penalities. Regardless of the accident, if it is finished, it will be viewed that he failed to obtain or verify permits which could impact his license. Better to admit the mistake now and take corrective actions. The structure WILL be found by your county assessor within the next year or so when they update property values, so it isn't a matter of if, but when. Also, you are rapidly getting past the point of easy inspections and having to hire expensive engineers to come in and have to evaluate the building and provide reports to the jurisdiction.

Your cheapest and only reasonable option is just to admit the mistake and fix it. I never once penalized anyone when they did this. If it was discovered after the fact, the assumption is that the acts were intentional.

 

[W3 Planning and Research]

I probably have an unpopular opinion, but in your shoes, I'd let it go and continue with the project. It will likely only become an issue when you want to sell up. At that point, you could apply for a retroactive permit.

Wrong approach. As someone who has prosecuted these cases for 20 years, the assumption, especially with a contractor involved, is that this was an intentional act. Apply for the permits now and just take care of it.

 

[Zak]

To reiterate what most have advised: Better to go to your permit office and simply explain the miscommunication, than risk corrective enforcement in the future...which could include demolition of what could be deemed an unlawful structure.

 

[Farmaholic]

I talked things over with my neighbor and we agreed to take the advice given here. I called the city to let them know that I made the mistake and the inspector is coming out to see where we're at with the project and what might need to be undone for a thorough inspection. Hopefully we didn't get too far ahead. I know it's going to be a pain, but I'd rather be safe than sorry. My biggest concern was for my neighbor's license and professional reputation, so I really appreciate all the advice about how to fix this situation.