To Permit or Not To Permit

MICHAEL GRUBBS, CBO
Team Leader Residential, NPC and Remote Video Inspections
City of Phoenix
Planning & Development Department
Inspections Building

438 W. Adams Street
Phoenix, AZ 85003

As a City of Phoenix inspections supervisor, I have been involved with residential home development for the past 25 years, 8 of which were here in Arizona. My team of inspectors and I have encountered all aspects of home construction from minor remodels to large custom homes. Many of our customers are home investors who buy homes, make improvements then resell for a profit which has been a popular investment strategy of late. Whether you are new to the business or a seasoned professional, the question of whether a permit is needed, or not, is always present. In order to help create an understanding, let’s examine a few guidelines to help you make an informed decision.

Before we get too deep, let’s discuss the benefits of obtaining a permit and having construction inspections performed by the city or jurisdiction your project is located in. First, and probably foremost, it is the law, and we all want to be law abiding citizens, right? Most local authorities have adopted ordinances that set specific rules as to when a permit is required. These rules are similar in nature to our traffic laws, we all have to abide by them if we choose to drive on our streets and or remodel/build a home. This doesn’t mean you can’t make the improvements you want to your home, you just have to perform the work in accordance with the local codes and ordinance. They also adopt, by ordinance, a series of codes to provide minimum standards as to how to construct or remodel a building. The most popular set of codes is published by the International Code Council (ICC). The code specific to residential construction is called the International Residential Code (IRC). The IRC provides guidance for structural, mechanical, plumbing, electrical and energy conservation for home construction. 

Another benefit is the bonus of making code compliant improvements which is an awesome selling point. Insurance companies love permitted work as well and some companies offer lower rates for those who choose to use the process. The permit and inspection process also ensures the buildings and homes we occupy are safe. Does this add time and money to your project? Yes, it most certainly does, but the payoff is worth all of the effort. Finally, there is peace of mind, knowing that the project was built to code and verified through the jurisdictional process.

So, what improvements can you make to your property without a permit? Each city or town has their own requirements of allowed work. It makes sense to check with the jurisdiction to be sure. In city of Phoenix, for example, you can paint, install finished flooring, replace light fixtures, replace plumbing fixtures, replace kitchen cabinets, replace electrical outlets and wall plates, replace windows as long as you do not alter the rough window opening, build a storage shed that is under 200 square feet, (you still need to meet allowed set-backs from property lines), replace appliances that are cord connected, change the water heater if done by a licensed plumbing contractor or reroof as long as you use the same material. You can view a complete list by visiting the city of Phoenix web site at www.phoenix.gov. 

You cross the threshold of needing a permit if you go beyond simple cosmetic improvements. If you decide to change the kitchen layout, you move the sink, the range and add counter space. All of those items need a permit and inspection since you are moving electrical and plumbing. If you decide to remove a wall to open up the kitchen to the living room (a popular remodel option we have encountered many times), a permit is required for the electrical that would be present and the structural aspects. In short, if you add or extend electrical or plumbing and alter the structure in any way, a permit is required. If you are not sure, all you have to do is call the city and someone can help you determine your best path.

What happens if I do the work without a permit and get caught by the jurisdiction? Again, every city has their own set of rules regarding nonpermitted construction. Here in Phoenix, if we receive a complaint, we send an inspector out to investigate. If he/she determines the work being preformed requires a permit, a Stop Work notice is posted, and the customer is urged to come into compliance. We then work with that person or company to help them get their permits in place. The downside of this is the permit fees increase by two or three times, sometimes more based on the level of work that was done. So, a permit that should have cost $300 to $400, now costs $1,200 or more. 

This may seem harsh, but the reality is we have seen a lot of work that is poorly installed, unsafe, and not permitted which could potentially hurt someone or damage property which also then becomes the problem of the next owner. 

There are many other aspects to home construction which could not be covered here. The best advice that any home investor can be given is to do your due diligence, get informed, talk to a professional builder and check with your jurisdiction before you start.  

Michael Grubbs, CBO; Team Leader Residential, NPC and Remote Video Inspections

City of Phoenix

Planning & Development Department

Inspections Building

438 W. Adams Street

Phoenix, AZ 85003