Who pulls the building permit?
Usually the licensed contractor doing the work pulls the permit, and the contract should say so. Even so, building departments generally treat the homeowner as responsible for unpermitted work on their property, so check that the permit exists before work starts.
A homeowner learned this the hard way: their roofing contractor never pulled the permits, the town issued a stop-work order with the house half exposed, and the contractor was demanding $16,000.
Why the contractor should pull it
Whoever pulls a permit takes responsibility for the work meeting code and for scheduling the inspections. When a licensed contractor pulls it, their license is behind the work. When a homeowner pulls an owner-builder permit for work a contractor does, the homeowner can end up responsible for work they don't control. Be cautious when a contractor asks you to pull the permit yourself.
Before work starts
- Put in the contract who pulls each permit and who pays for it. Connecticut's consumer protection department, for example, advises naming the responsible party in the contract.
- Ask for the permit number, and check it with your local building department. Many post permits online.
- Make sure the permit card is posted on site if your town requires it, and that inspections happen before work is covered up.
If work was done without a permit
Call your local building department and ask how to permit it after the fact. Expect higher fees, and possibly opening finished walls so an inspector can see the work. Unpermitted work can cause trouble with insurance claims and when you sell. If your contract made the permit the contractor's job, the costs of fixing it may be theirs; ask an attorney.
Questions to ask before you sign
- Which permits does this job need, and who's pulling each one?
- Is the permit cost in your price?
- Which inspections will there be, and at what stage?
- Will you send me the permit number before work starts?
A contractor who answers these easily has done it many times. One who says the job doesn't need a permit, when it involves structure, plumbing, electrical or a roof, is worth a call to your building department to check.
This is general information, not legal advice. States differ on what a home improvement contract and its changes must contain. Check with your state’s contractor licensing board or an attorney.