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Run the contractLesson 22 of 32

Academy/Capital Projects

Permitting

The rulebook that decides whether your project can legally start.

A permit is local government approval to build, and the rules you must follow are set by whichever authority having jurisdiction (AHJ) adopted your local building code, not by the code's national publisher. Confirm your AHJ and its specific requirements before finalizing project scope, since the same national model code can be enforced differently city to city.

01

Whether your project needs a permit is a local question

There is no single national rule for which capital projects require a permit and which do not. Some jurisdictions require a permit for almost any structural, electrical, roofing, or plumbing work. Others exempt small repairs. A project your board treats as routine, replacing a section of fence, swapping out a pump, resurfacing a walkway, may or may not clear that bar depending on where your community sits.

Whether a specific project triggers a permit, and what size or scope threshold applies, varies by city and county. Check with your local building department before assuming a project is too small to need one. If your board is still working out whether a project counts as a capital improvement at all, start with Maintenance vs capital project.

02

The code enforced on your project is a local one

Most jurisdictions build their building codes on a model code such as the International Building Code (IBC), published by the International Code Council. But a model code is not itself the law. It becomes law only when a city or county formally adopts it, and adoption is where local differences enter.

"When adopting a model code like the IBC, some jurisdictions amend the code in the process to reflect local practices and laws."

Source: International Building Code, product and adoption page, International Code Council

The office that enforces whatever version your jurisdiction adopted is called the authority having jurisdiction (AHJ), the local government office responsible for enforcing the building code and issuing permits. It is the AHJ's amended version that governs your project, not the printed national text your architect or contractor might hand you as a starting reference.

03

Find your AHJ before you lock in scope

Once your board has a rough scope in hand, identifying the AHJ and asking it a few direct questions can save weeks later. Bring these to your design professional, contractor, or the building department directly:

  • Who is listed as the applicant of record on the permit: the association, the general contractor, or the architect?
  • Does this scope require a full plan review, or does it qualify for a faster over the counter permit?
  • What inspections does the permit itself require, and at which stages of construction?
  • How long does review typically take, and does that timeline fit the project schedule the board is planning around?

These specifics are not standardized nationally, so treat them as questions for your local department and your contract, not as answers you can assume from a neighboring association's experience.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

Your board designed a corridor renovation citing the 2021 International Building Code. The city's plan reviewer rejects the application over a hallway width requirement the IBC does not list. What is going on?

A board member argues the association does not need a permit because the HOA's governing documents do not mention one. Why is that argument wrong?

Which project is most likely to draw a permitting review, rather than being treated as routine maintenance?

Sources

Capital Projects

Once you know what your AHJ requires, weigh it against the contractor's proposed timeline. See Project schedules.

Whether a project needs a permit, which code edition and amendments apply, and who is authorized to be listed as the permit applicant all vary by city and county. Confirm each with your local building department before finalizing scope.