FAQs About Building Codes, Permits, Zoning, and More
Understanding the fundamentals of building permits, zoning regulations, restrictions, warranties, and liability insurance is beneficial for homeowners embarking on custom home construction. Having some knowledge of these topics help to ensure the project adheres to local laws and standards and also provides important safeguards for investments and peace of mind. Clarity on these matters can prevent costly delays, ensure compliance with community guidelines, and protect homeowners from unforeseen liabilities. By answering some of the most frequently asked questions in these areas, we aim to empower homeowners with the knowledge necessary to navigate the complexities of the building process confidently.
Q: Can I pull my own building permit?
A: No. It's important that all permits be pulled by the general contractor and its subcontractors, not by the homeowner. Before issuing the permits, the jurisdiction will ensure that these companies are licensed to do the work and that they have the necessary liability and workers comp coverage needed to protect the homeowner. When pulling a permit, the contractor essentially promises that all work will meet the requirements of all current building codes, and there's usually a third-party inspection to make sure that's the case.
Q: Why do building codes vary so much from place to place?
A: In the United States, the International Residential Code (IRC) serves as the model code. State and local codes are based on the IRC, which is updated every three years. Some states don't adopt all of its provisions, while others have stricter requirements. Some states also let cities and counties decide what provisions to adopt. Politics can come into play here, but code variations also depend on local conditions: a home in San Francisco will need more seismic bracing than one in St. Louis. Professional builders and remodelers will understand the code requirements for the jurisdictions where they work. That's why you need a professional who understands the local codes and has a solid working relationship with the building department.
Q: What is the legal relationship between covenants and building codes?
A: Most planned communities have legal covenants—more formally known as “codes, covenants, and restrictions.” In most cases, covenants are considered a civil contract and are not enforced or monitored by the city or town. A community’s covenants may be more restrictive than the jurisdiction as a whole, but they cannot allow something that the city, town, or state codes prohibit.
Q: How will zoning, deed, and other restrictions affect the project?
A: They can cause major headaches if not planned for. Local government agencies or homeowner associations can impose restrictions. They can include the design &/or style of the home, footprint & overall size limits, setbacks, height restrictions, exterior materials, rules for construction engagement, etc. A professional & proactive architect & builder who knows the community can expedite these processes.
Q: Will the work be under warranty?
A: It will be if you've chosen a solid/reputable builder. In fact, you shouldn't do business with someone who doesn't offer a warranty. The warranty should detail what is covered and how long it's in force. It should also be in writing: verbal promises aren't enforceable. If it's not written down, it's not a real warranty. Although a year minimum is a good rule of thumb, some items installed in the home may carry longer warranties. Note that this is a great discussion point as you interview potential builder references.
Q: Am I liable for accidents that occur during the construction of my house?
A: In most cases, no. Professional builders and their subcontractors carry liability and worker's compensation insurance against job site accidents. In addition, they are regulated by the federal Occupational Safety and Health Administration (OSHA), as well as their insurers, to maintain a safe workplace, eliminate hazards, and train their workers in safe work habits and emergency response. If you visit the job site, please follow your builder's safety guidelines and procedures to stay safe.
Q: How does liability insurance protect homeowners?
A: General liability covers claims for damage caused by defective work. For instance, if the roof wasn't flashed properly and leaks onto the flooring & woodwork below, the roofer’s general liability policy should cover the cost to fix all resulting damage. Fixing the leak should be covered by the roofer’s and/or contractor’s warranty. In considering a builder to hire, ensure his company & his respective trades have solid warranties and adequate liability coverage.
Q: Why is workers' compensation so important?
A: The answer is it protects both the contractor and the homeowner. That's because workers' comp is known as a no-fault system—workers who collect insurance for injuries sustained on the job generally give up their right to file a personal injury lawsuit. No responsible contractor lets anyone on the job without such coverage.
More importantly than homeowners knowing every detail about their construction project, their builder needs to possess extensive knowledge of the legal matters surrounding home building. A comprehensive understanding of zoning laws, building codes, permits, and compliance regulations ensures that the construction process meets all necessary legal requirements. A builder can provide peace of mind and a smoother, more efficient home-building experience by prioritizing these legal considerations.
Have more questions about the home building construction process? Read FAQs About the Building Process from our TM Grady Blog, or contact us today. We are here to help you through your custom home construction in Orange County, California.
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