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What to Know About Site Inspections & Permitting

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The planning and requirements for site inspections and permitting tend to be overlooked or misunderstood. If you work in construction, you should understand when a building permit is required and what laws and regulations need to be satisfied. Permits are key to ensuring that work is completed lawfully, safely, and properly. Aside from certain limited circumstances and work types, you cannot lawfully perform construction work without first filing a permit application and obtaining the necessary permit issued by the City or town were the construction work site is located. This guide will help you navigate site inspections and permitting in Massachusetts.

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Table of Contents 

Understanding Construction Permit Law in Massachusetts

When you work in construction, you must comply with site inspection and permit laws established by Massachusetts and your local municipality to maintain a safe and legal work environment. Massachusetts has adopted the International Building Code and has supplemented those rules with the State Building Code. These laws help enforce that buildings are properly built and are safe.

Likewise, municipality regulations, such as a zoning code, also ensure that new construction projects fit the neighbors where such building is taking place. In sum, statewide and local construction laws protect the interests of residents, as well as ensure the well-being of those who will reside in or use the services in the new projects once they are completed.

When a Building Permit Is Required

A permit is generally required in the following circumstances:

  • Altering a structure or building
  • Repairing a structure or building
  • Removing a structure or building
  • Demolishing a structure or building
  • Constructing a structure or building
  • Reconstructing a structure or building
  • Installing or altering equipment regulated by 780 CMR
  • Changing the occupancy or use of a structure or building

Before you perform your work, the building official needs to grant your permit. If replacement or repairs are required due to an emergency, your permit application should be submitted to the building official by the next business day. The following are the steps for obtaining a permit:

  1. First, the building official will receive your application.
  2. Second, the building official will review the construction documents.
  3. Next, the building official will issue a permit for the erection, alteration, or demolition of the building.
  4. Then an inspection of the premises for which your permit has been issued will be scheduled.
  5. Finally, compliance with the code’s provisions will be enforced.

For ordinary repairs, a building permit is not mandatory. Ordinary repairs do not impact the fire protection systems, egress, structure, plumbing, energy conservation, fire rating, sanitary, electrical, or gas. Also, projects that involve new construction, major renovation, and/or change of the property use can trigger zoning issues that should be addressed prior to commencing the construction work.

It is not unusual for legal disputes to arise over permitting and inspection issues. Many community groups have a part in the building permit process, in addition to the city or town where the proposed project is to take place. For example, for Boston-based projects, all building permit applications must be submitted to the Boston Inspectional Services Department.

From there, if any violations are flagged, projects in Beacon Hill, for example, must:

  • Coordinate with the Boston Mayor’s office to keep the project moving
  • Participate in local civic association meeting
  • Hold abutter meetings

This multi-faceted process is ripe for disputes and delays. Hiring the experienced construction permitting attorneys at Boston’s Calabrese Law Associates can help you avoid these pitfalls and get your project approved. You will find the construction lawyers at Calabrese Law Associates are experts on advising clients on how to proceed with their construction legal matter, offering focused legal representation to assist clients in anything related to zoning or permits.

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Why Hire a Construction Site Inspection and Permit Lawyer?

At Calabrese Law Associates, our firm’s skilled construction trial attorneys have experience helping our clients find the best possible results when court intervention is necessary to have their project approved. Our law firm represents a wide range of parties in the industry, such as:

  • Lenders
  • Suppliers
  • Engineers
  • Architects
  • Developers
  • Subcontractors
  • Property owners
  • General contractors
  • Construction managers

Zoning and permitting matters are complicated. Many potential areas for dispute exist. The firm can advise clients on matters relating to:

  • How public hearings and amendments can impact permits
  • Vested rights and how you can exercise such rights
  • When a zoning board or superintendent can modify a permit
  • What conditions can be put on a building permit to ensure it is used within the limits of the law

Our firm can provide you with representation in arbitration, mediation, or litigation. When Calabrese Law Associates advises clients on building permit and site inspection zoning matters, we give advice you can trust given our years of real estate and construction law experience. Contact our construction attorneys at Calabrese Law Associates for help with construction site inspection law matters.

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