Do I REALLY Need a Permit to Do Work on My House in Massachusetts?
One of the great joys of owning your own home is the freedom to do whatever you like with it. Providing you have the budget, you can renovate your property to your heart’s content or even demolish it completely and start again from scratch. However, this sense of freedom is somewhat limited by the necessity for building permits in the state of Massachusetts. If you have intentionally or unintentionally renovated your home without a permit from the municipal government, you may face serious consequences.
Municipal law is quite strict on these matters, and the lack of building permits can result in fines and other problems. If you are facing legal action from your local municipal government, it is important that you enlist the help of an attorney who can help you move forward. A qualified legal expert can help mitigate these consequences, creating less of a financial and legal burden.
When Do You Need a Building Permit in Massachusetts?
Building permits and related legislation are laid out in a legal document called the 780 CMR, through the Massachusetts State Building Code. If you are trying to figure out whether you actually need a building permit or not, you may need to go through this document with your attorney. On the other hand, it might actually be easier to figure out the situations in which you do not need a building permit:
- Tool sheds
- Playhouses
- Fences
- Oil derrick
- Retaining walls
- Water tanks
- Sidewalks and driveways
- Painting
- Tiling
- Carpeting
- Counter tops
- Prefabricated swimming pools
- Swings and other playground equipment
- Window awning
- Plastic film greenhouses
- Repair of a fire protection system
This is a pretty basic list, and you will need to go over the building code with your attorney to make sure you are on the right track. There may be specific requirements within these sections. For example, you may need a building permit if you are planning to build a fence that is taller than seven feet.
What Happens When the Municipal Government Finds Out?
If you have conducted unauthorized developments on your property and city officials find out, you may face legal action. They will usually serve you with a notice of violation, and this informs you that permits are necessary. You will then need to obtain those permits, and the cost of acquiring them is usually doubled.
According to M.G.L. c. 143, § 94a. (Section 94 of “General Laws”), the exact violation penalties can vary. In broad terms, Section 94 states that “Whoever violates any provision of the state building code, except any specialized code as described in section ninety-six, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both, for each such violation.”
The document goes on to say that you may be charged with a separate offense for each day during which a violation exists. This means that addressing these issues quickly is very important, and a qualified attorney can help you wrap things up in an expedited manner.
The Importance of Getting Legal Help
There is no shame in trying to get renovations done without obtaining a permit. It may have been the wrong choice, but legal experts are ready to assist you without judging your character. In addition, you may be in this situation simply because you purchased a home that was in violation of building codes without you even realizing it. Whatever the case may be, you can receive quality legal assistance when you reach out to the Law Offices of Johnson, Sclafani & Moriarty
today.
