And What to do When Neighbors Don’t Permit?
Acquiring a city building permit for work around your house, home, castle, or cabin is often required and ensures safe and adequate building practices. Sometimes, homeowners choose to skip the permitting process.
This week’s question is: What happens when a neighbor does something that negatively affects your home? How do you find out if the work is permitted or not?
To be clear, we are not promoting you becoming a neighborhood-building cop. Instead, an example we have been made aware of best depicts where we are going with this topic. A homeowner obtained a permit to construct an RV garage at a particular height. The original plans met city building codes. The garage owner decided to add five feet of height to the project without going through the permit change process. This additional height negatively affected the neighborhood and one person in particular. The affected neighbor wasn’t sure what to do or how to remedy the slight to their property.
We turned to the City of Phoenix and their permitting professionals for help. We spoke with Lisa Hertzog, Residential Plan Review Coordinator; Danielle Bohannan, Principal Planner with the Site Planning team; and Ruben Aceves, Site Development Supervisor. It is truly a knowledgeable team.
Here are some of the questions we asked, and subjects we covered.
What Kind Of Projects Are Getting Done Most Often Without a Permit?
Ruben jumped right in stating that interior remodels are by far the most common projects done under the radar. Lisa told us the department doesn’t knock on doors to determine if construction work has acquired a permit. There isn’t the staff to do that. She tells us they only react to complaints or information that is reported.
Why Do Homeowners Skip The Permit Process?
There is a perception that the permitting process is time-consuming. Lisa explains that the time it takes to get a permit depends on the scope or size of the project you are undertaking. Pulling a permit for a simple project, such as adding an electrical circuit, can be done online. Danielle said that a popular project is the addition of accessory dwelling units on homeowners’ properties. She reminds us that such a project requires a lot of information, including plans and site engineering. That process takes longer than simpler projects.
For those who aren’t sure if the work they want to do requires a permit, Ruben offered us this link to work exempt from permits in the City of Phoenix. Don’t be that person that says, “But I didn’t think I needed one.” Check the codes in your city before you begin a project.
Lisa added that people can access an online portal called SHAPE PHX. She encourages interested people to visit the website and set up a free account to research a project in their area. You can also go to the web at npc.phoenix.gov and report suspicious activity there.
On a personal note, Jennifer and Rosie bought an electric car and needed to install a charging station in their home. They got online and, in ten minutes, had a permit. Then, they called for an inspection when the work was completed, the inspector came out, and the project was approved in less than 10 minutes. Getting some permits is simple, and there is no need to be scared of the process.
Tips for acquiring a permit:
- When you engage with anyone or any company to work around your home, be clear about who is obtaining the permit, the homeowner or the ones doing the work.
- If a permit is required, record in writing who will be pulling that permit.
- If a small project starts to expand into a larger one, you can call an inspector to visit your site to help evaluate your needs and give you direction. This process usually takes one to two business days.
How do I Come Clean
What happens if you have done unpermitted work at your house but want to get it permitted after the fact? This is a common scenario when it comes time to sell a home with projects that have not been permitted.
Getting a permit after the fact is exactly the same as applying for a permit in the first place. Whatever plans or engineering are needed to apply initially for a permit will also be required in this situation. Site plans right up to specific construction details will be required.
The building officials will review the plans and perform a field inspection of the completed work to determine that the work was correctly performed. Minimally invasive tactics are used to verify details.
What Happens If I D
on’t Come Clean?
There are consequences for non-compliance. We asked Ruben what happens when a complaint is filed.
First, the city will send an inspector, usually within a week, to investigate and determine if the work is unsafe or needs a permit. He tells us they find homeowners with a 60 to 75% compliance rate. If there is a violation, the inspector will issue a notice of violation with a specific date when compliance is due. The inspector will conduct a reinspect at that time. A non-monetary lien is put on the property if there is no compliance.
Should the person still not comply with the codes, they will be taken to court, where a judge will set fines on the culprit.
Ruben tells us the goal here is compliance, so when there is a fine, it will be deferred to get the work done appropriately.
If you lodged a complaint and did that through the SHAPEPHX portal, you can log into that portal and see all the updates, including the inspector’s notes. Updates can be requested by phone or email. You will need to initiate this, though, as there are thousands of calls.
Some Reasons Why Permitting is Important
A review of the benefits of permitting is in order here.
- The primary reason for permitting is to ensure safety. Making certain you will not be harmed by insufficient structure or improper electrical work can save you and your family a lot of heartache.
- Following development rules for your neighborhood protects you, your property values, and your neighbors.
- When it is time to sell your home, you will be asked to produce documentation that required permits were pulled, and the project passed inspection permitted. Un-permitted work could delay the sale and incur expenses to bring the projects up to code.
At Rosie on the House, we recommend you do the research and obtain a permit when necessary. We talked a lot this week about permitting in the City of Phoenix. However, not all jurisdictions, such as incorporated cities, towns, or counties, have the same requirements for permitting. Contact the development services and building department locally for complete information before starting a project.
Having obtained permits for various projects over our many years serving Arizona homeowners, we want to convey that getting a permit for your project is not the scary proposition we sometimes think it is.
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PODCAST
January 25, 2025
Any improvements to your home may require a permit. It ensures that the work done is safe and meet code standards. The team at City Of Phoenix Building Department and Permitting discuss how permits protect work on your home and its value. Permits can even address complaints about work done around the neighborhood. Find out when its needed and how to get permits before you move forward.
Original broadcast archive page with expanded content!
RESOURCES
Contact City of Phoenix Planning and Development:
Residential Projects Info:
- Planning and Development Residential Projects
- ShapePHX Customer Portal – Apply for Permit
- SHAPE PHX “How to” Videos – YouTube
Ways to Report Non-Permitted Construction or Unsafe Building/Site Conditions:
- Report Non-Permitted Construction to Phoenix Planning and Development
- Call PDD Communications phone line: (602) 262-7811
- Email the Non-Permitted Construction team: npc@phoenix.gov
- ShapePHX Customer Portal
- Planning and Development Non-Permitted Construction Info
Codes, Ordinances and Policies:
- City of Phoenix Planning and Development – Codes & Ordinances
- Planning and Development Search Technical Review (TRT) Documents
- Planning and Development ADU Guide
- Work Exempt from Permits – dsd_trt_pdf_00618.pdf
- ADU Residential Process – Procedural Documents
Development Center Online Appointment Scheduling:
After-Hours Construction Noise Complaint Program
PHOTO CREDIT
- Rosie on the House