Everyone knows that you don’t need a building permit for simple interior renovations, right? Wrong. There is so much misinformation about building permits and when they are required, it’s hard to know who to trust. Don’t believe what you hear. There are many common misconceptions about building permits.
For example, it is common for a building contractor to state that that if you are not moving any walls you don’t need a building permit. This is untrue. Many contractors are woefully ignorant of the law; others may not want to bother. Just about everything requires a building permit, including ANYTHING involving plumbing or electric work. The permit requirements stipulate that ALL plumbing and electrical must be done by contractors licensed in these specialties.
But It Makes No Sense
Don’t expect it to make sense: permit laws are very strict, difficult to interpret, and widely ignored. They are also an important city revenue-collecting source. They do offer you some little bit of protection. When you file for a permit, the inspector will review your plans to see that the building code is being followed, and there will usually be an on-site inspection by the general building inspector as well as plumbing and electrical inspectors if applicable. There are no guarantees that the inspector will notice any building code violations; the city is not that accountable. But if you ignore the permitting process and you do obvious and significant work, your investment in your property might be illegal and could detract from the value of your property.
Can You Get Away With It?
You may be able to get away with doing unpermitted work, unless a complaint is filed against you by a disgruntled neighbor. Problems also arise if you apply later for additional permits and the building inspector notices a previous unpermitted extension, for example. But be aware that without a permit, you are putting a lot of trust in the work of a contractor who may have already told you a little white lie. If you are doing major work, adding square footage, or enclosing a lanai, you are strongly advised to follow the city’s strict guidelines.
How Do You Know?
Get the information straight from the horse’s mouth. Go to the Department of Planning and Permitting and pick up a brochure explaining when you need to obtain a permit. Or surf on over to their web site, located at www.honoluludpp.org/permitinfo, where you can research building permit records for your property. How can you tell what projects require a building permit? Download and print the informative brochure, “Do You Need a Building Permit?” here: http://honoluludpp.org/downloadpdf/CONSTRUCTION/bpinfo.pdf . Unless you know the rules, you could become a sad but true story.
True Stories
I have encountered many instances of non-permitted work that created nightmares later. Here are some examples:
- Extensions that go too far into the side or rear setbacks of a single family home, and might have to be torn down. The requirements vary with the zoning, but most residential neighborhoods require there to be at least five feet from the side and rear walls of your home to the lot line.
- Replacement windows that have a smaller opening than the old ones, and do not provide the legally required ventilation – such as changing old jalousie windows for sliding windows, which cuts the ventilation in half;
- Lanai Enclosures – a red flag:
Enclosed lanai in condo buildings, where they are not allowed and will have to me removed if noted by the condo association; - Lanai in single family homes that have been enclosed without adding the electrical outlets & lighting required by the building code;
- Lanais that have been enclosed next to a bedroom, making the bedroom ventilation inadequate as well as illegal
- Kitchen facilities added to a portion of a house: a popular problem! You are allowed only one full kitchen (sink, refrigerator, and cooking device) in a single family zoned neighborhood with very few exceptions. If the fixtures add up to more than one kitchen, this violates the zoning of most residential areas.
- Pool fencing that does not provide the required safety features such as approved height
as well as self-closing hinges on pool gates – guess who will be liable if a tragedy occurs - Basement areas enclosed into living space, with low ceilings that do not conform to the minimum height requirements and may lack required outside ventilation;
- Indoor electrical fixtures or outlets installed outside. This is one reason why plumbing and electrical installations always require building permits for health and safety reasons;
- Improperly installed ceiling fans that could fall onto the bed or dining room table – while people are under it. Yes, if you go by the book, even installing a ceiling fan requires a building permit;
The important message here is to be informed on when a building permit is required before you do work on your home, so that you understand your choices. If you are unsure, call the nice folks at the Building Department at 523-4505 M-F from 7:45 am – 4:30 pm. Additionally, you can let your workers and contractors know that you will be requiring building permits so they will make sure that everything is up to the current building code. By the way, the building code changes frequently.
A Wise Idea
Building permits are easier to obtain than they used to be, so be make a wise choice.
If you are changing the floor plan it will be especially obvious if you ever sell your home, and it will detract from the value. The buyer’s appraiser will surely detract the value of the unpermitted portions of the home, which could make selling for market value very difficult. If work being performed does not conform to the code, you are on your own and may be incurring some liability and steep penalties later on.
Hot Tips
- Hire licensed contractors who will follow the code relating to building permits
- Remember that if the work being done conforms to the building code, getting it permitted is a no-brainer and is neither time-consuming nor expensive.
- You can obtain a permit yourself even if your contractor won’t. Bring a copy of your plans to the Department of Planning and Permitting for a preliminary review, they will tell you what else you need depending on the scope of your job.
Too Late?
If you already have work that was done without permits, it is not too late. You can obtain an after-the-fact building permit if the work conforms to building codes - or can be modified to meet the code. There are special companies who will do it all for you – draw plans, obtain permits, and even arrange for any work that might be needed to bring your project up to the current building code standards. It will cost more than if you had done so from the start- particularly if plumbing and electrical are involved, but it could be worthwhile. If you need further help, feel free to email me at
mailto:stephanieg@remax.net 
