Licensed Architects

Q. What advice do you have for a customer looking to hire a provider like you?

A. WHAT ARE MY OPTIONS WHEN OBTAINING A BUILDING PERMIT?

Options for the resolution of "property legalization" and/or "retroactive permitting" situations are dependent on two factors. One factor determines the intensity of the government's need to rectify the perceived problem and the limits of its flexibility regarding how to do so. The other factor dictates the responses the owner may be able or willing to make, taken from choices available.

The first factor is the specific nature of the issues involved. Does the issue affect public health or safety ? Does the issue influence the fair and proper use of the surrounding properties and public space ? Does the issue involve equitable tax revenues or other governmental revenue or expenses ? Does the issue involve adherence or conformity with any laws, codes, covenants, and restrictions (however minimal in their practical impact), other that what is listed above ?

The second factor has to do with the owner's specific goals, with respect to the property. Does the owner wish to upgrade, expand, or fully redevelop the property; either now or in the future ? Does the owner wish to maintain the property "as is" for a long period of time, or is there a desire to sell or re-finance the property on some schedule ? Does the owner wish to put off any site-work or other expense and investment in the property for as long as possible ?

The best resolution comes from "matching up" the "desires" of the official "powers-that-be" with those of the owner. The solution can come from a working partnership that addresses the long term status of the property, from a negotiated settlement of conflicting desires in a more immediate time frame, or even from a wise and respectful challenge to the extent or necessity of doing anything.

Q. If you were a customer, what do you wish you knew about your trade? Any inside secrets to share?

A. UN-PERMITTED CONSTRUCTION?

Such construction includes any new or added building work, or renovations to existing space, which would
normally require any of a variety of building permits from a variety of regulatory agencies. This would include
permits for rough construction and structural work, for electrical or plumbing or heating/air conditioning work, for grading or drainage of other work involving digging and earth moving, or permits for site work at property lines immediately adjacent to neighboring properties or public space. Also included would be permits for planning and zoning approvals for the types, limits, and parameters of property uses. Requirements for these permits overlap, and are separate from, the various specific technical construction permits mentioned. Other public service agencies and jurisdictions (such as fire departments, housing authorities, accessibility regulators, transportation
districts, and environmental agencies) require separate reviews and approvals, which may over-ride or extend the more basic approval requirements previously noted.

Some un-permitted construction can be retroactively approved through submissions and negotiated administrative procedures; if this construction conforms to current codes or is not determined to be in significant conflict with them. Some un-permitted construction can be upgraded or partially rectified, due to considerations of equity or hardship. Some un-permitted construction can be waived from revision with submissions of drawings and technical reports which attest to its basic soundness and safety. And some un-permitted construction must be removed or changed fully, along with new permits.

OK, NOW WHERE DO I START?

Short answer: CALL US!
Long answer: It is first important to assemble a comprehensive "picture" of the exact conditions of the property, both physically and legally. Some aspects of these conditions, which may influence the best resolution of the property's issues, might not be clearly evident at first glance. Possible legal or jurisdictional requirements are open to interpretation or judgment. Public officials and agency staff do not always have the necessary and appropriate information at their fingertips in one coordinated set of records. This being said, it is valuable to "help" those who will make
decisions to arrive at a level of comfort by providing them with as much information and detail as possible.

The comprehensive "physical picture" should include appropriate measurements and scaled drawingsof the
CURRENT physical conditions of the property and its structures. Characteristics of the adjacent properties are often necessary or useful to include. Accompanying photographs are also valuable. The trick is to understand
exactly what aspects of these physical conditions should not only be included, but emphasized; and also to
understand what level of detail is enough.

The comprehensive "legal picture" should begin with an assemblage of copies of any and all records, which ANY public agency may have, concerning the property; obtained directly from those agencies. It may take some awareness and experience to assemble this because relevant information is often not where you might expect it to be; and sometimes this information is incomplete or even contradictory. Separately, all information in the possession of the property owner should also be assembled, no matter how redundant or old or informal it may seem. Also, a brief written summary should be prepared, one which highlights the most pertinent information and
focuses attention on the aspects which are most favorable to the owner's position and goals.

The best START is to present a clear and comprehensive "image" of the property, as well as an accurate and complete "story" of the property's history; so that those who will judge it will do so with a secure feeling, and with a sense of confidence in, and respect for, the property owner (and the owner's representatives).

Q. What questions should a consumer ask to hire the right service professional?

A. * Are you a licensed Architect? *

WHY ARE BLDG. PERMITS NECESSARY?

The procedures and requirements collectively known as Property Legalization, Retro-active Permitting, or Code-compliance; are all necessary for a variety of reasons relating to both public policy and individual protections and rights.

The government uses these procedures to maintain and upgrade conditions of public health and safety, to pursue long range planning and community development goals, to manage tax policy and other revenue generating activities, and to maintain balanced and effective land use policies. These reasons may sometimes seem more perceived or theoretical than real, depending upon your experiences with the system or point of view.

Specifically, if you are asking this question, you have probably been informed in some way of some "necessity" that you pursue one or more of these processes. This communication may have come in the form of one of a variety of official written notification forms, or from a request letter from a public agency, or from a verbal instruction from a public official or staff employee, or from some advice from a third party (professional or other-wise), or from a demand or threat.

Before you respond or take action, it is important to remember that the "necessity" communicated by ANY of these possible sources may not be immediate, or correct, or appropriate, or fully applicable to you and your property. Possible waivers or mitigations or resolutions may not be explained or inferred by these communications, or even understood by any of these possible sources. Careful and comprehensive research and review is often necessary, and it is left to the property owner (along with an experienced support team) to do so.

There are several possible necessary outcomes for the owner to pursue and resolve with this process. The owner may be able to freely pursue future development or sale of the property without limitation or loss of use or value. The owner may be able to make financial arrangements regarding the property without limitation or loss of value. The owner may eliminate current or future financial or legal liability for the physical conditions or administrative status of the property. The owner may prevent immediate or future punitive fees or restrictions on the current use of the property.