Commercial Building Permits
A commercial building permit is an official approval issued by the local building department that allows you to proceed with a construction project on your commercial property. It is intended to ensure that the project plans to comply with local regulations and building code. As a general contractor specializing in tenant improvements, I often get asked the question of whether a building permit is required for a proposed improvement. Because there are a lot of misconceptions about this topic, I have prepared this guide to answer this question and shed some light on the building permit process in general.
Work Required to Be Permitted
According to the Florida Building Code “any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.”
Based on the above, the answer to the question “Will I need a permit for this?” is often – YES.
Performing Work Without the Necessary Permits
This is an area that can get both the property owner and the contractor in hot water. A contractor is jeopardizing their license by performing work without the required commercial building permit. If the building department discovers that work was performed without a permit, they will require an after the fact permit at a cost of double the normal fee. More importantly, the contractor and or property owner will be required to pay the costs of any third-party engineering analysis used to determine if the work was completed to code.
For example if a wall was built without a permit, the building department may require the drywall to be removed to ensure proper spacing of studs effectively causing the work to be done twice even if it was built to code. When in doubt, check with the building department. It is better to be safe than sorry.
Work Exempt from Permits
Ordinary minor repairs may be made with the approval of the building official but without the need for a full permit. However, these repairs shall not include “the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.”
Replacing existing equipment such as mechanical units, water heaters, etc. are also exempt from the need for a building permit as are minor cosmetic improvements like painting and carpeting.
Obtaining a Permit
To obtain a building permit for most tenant improvement projects, construction documents need to be prepared and stamped by a licensed architect and engineer(s). Once the permit application is submitted the building department will then examine the application and associated documents within a “reasonable” time after filing. A reasonable amount of time for most projects is usually two to four weeks but can vary depending on the size and complexity of the project.
If the application or the construction documents do not conform to code it will be rejected and an explanation for the decision will be provided. If the building department is satisfied that the proposed work conforms to the requirements of the code, they will issue the permit “as soon as practicable.”
Early Start Permit
The building official can issue an early start permit prior to the final approval and issuance of the permit. However, any work completed is entirely at risk of the permit applicant and work may not proceed past the first required inspection. An early start permit can shave anywhere from a few days to a few weeks off the critical path of a typical tenant improvement project.
Permit Costs
Commercial building permit costs vary slightly by jurisdiction and are calculated as a percentage of the value of construction but generally average about 1% of the total project costs depending on the size of the project. Building permit fees are not to be confused with commercial impact fees which include fees for fire, law enforcement and transportation which are calculated on a square foot basis and type of use.