City of Clearwater Building Permits And Notice Of Commencement Considerations:

 

Below Is An Informational Outlining The Stages And Necessary Components For Obtaining A Building Permit In The City Of Clearwater, Florida.

 

First Things First:

Although Pulling a Permit Does Not Initially Require A Notice Of Commencement (NOC), Obtaining the Required Building Department Inspections Certainly Will.

The Simple Truth? Without Your NOC, No Inspections Will Be Performed and You Could Be Required to Completely Dismantle The Project in Order to Reconstruct a Second Time Under The Scrutiny of The Building Department's Inspection Process.

This Technical Requirement Is In Place For The Protection Of Your Property Interest, As Well, The Long Term Safety Of The Development, By Ensuring Such Projects Are Performed By Licensed Professional Who Comply With The Latest Promulgation Of Codes And Regulation Requirements.

The Best Strategy Is To Have Your NOC Filled Out Correctly And Accurately, Then Filed With The County Clerk  Of Court Early In The Process So You Don't Forget This Critical Component Which Legitimizes Your Development.

Before Your Building Permit Is Acquired, You Will Need To Gather Some Vital Information Regarding The Property Intended For The Development. Below Is a List of The Information You Will Need to Fill Out and File A NOC, and Some Helpful Links To Make Your Vision Become A Reality.

(***The Reader Is Reminded: This Information Is Not Meant To Be An Exhaustive Source, Nor To Serve As A Legal Advice, But  Serves As A General Guide To Light The Torch Of Awareness In These Matters).

 

King Enterprises Group Welcomes The Opportunity To Assists And Represent You In Your Pursuits to Obtain a Building Permit In the City Of Clearwater Flroida Contact Us Today And Allow Us To Represent Your Interest.

 

Things You Should Consider When Filing For A Building Permit Within The City of Clearwater, Florida:

 

(***Note: The necessary property information required can be found by entering the property address into the County Property Appraisers website database for the specific county in which the work is to be performed. King Enterprises Group Welcomes Assisting You ).

 

    • Property owner name, email, phone

    • Folio number

    • Address of the proposed work

    • Section/township/range (parcel ID)

    • Scope of work

    • Revision details (if applicable)

    • Applicant name, phone, address, email and signature

    • Contractor name, license #, address, phone, fax, email (if applicable)

    • Square footage

    • Job valuation

    • Florida Building Code (FBC) occupancy type

    • Construction type

    • Complete checklists/applications for various types of building permits and programs

    • If You're a Contractor, Here's a List of the Requirements

[***Note: Some Building Departments will require the FBC Product Approval Number be submitted for each of the materials to be used, as well as the Installation Instructions, 'highlighting' the specific installation method you will use in the respective install---if multiple installation methods are defined in the instructions, Prior to issuing a building permit. Expect these standards and plan accordingly. You can find the installation instructions at the specific products manufacturer's website or through the links provided by the Florida Building Code Product Approval's website.

 

When is a Building Permit Required in the City of Clearwater, Florida?

 

  • A building permit is required In the City of Clearwater Florida by any owner, contractor or authorized agent of the contractor who desires to:

    • construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure

    • or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system

  • The respective building department you contact will be determined by the property’s zoning: ‘Incorporated” (City) or ‘Unincorporated’ (County)

  • Owners must appear physically at the permit office to submit the application. ** If a Contractor is managing these matters, owners are not required to visit the building department in most localities, however, the ‘Notice of Commencement’ usually requires the owner’s preliminary ‘Notarization’ by a notary public agent; this is essential for finalization and inspections.

    • your name MUST be on the deed for the property to apply for the permit

    • you must live at the address on the permit – no rental or commercial properties

      • if this is for a non-owner occupied property, only a licensed contractor can apply for the permit

    • you can’t send a relative, friend or agent to apply for the permit

      • this includes those holding a power of attorney or a legal representative

  • If the property is held by a corporation, LLC or other business/financial entity, only a licensed contractor can apply for the permit

  • Permits are valid for 180 days after  issued

    • The permit will extend for an additional 180 days when you request an inspection and it passes

 

What Happens After The Building Permit Application Is Filed?

 

  1. Staff will review the application, plans and any accompanying documentation

  2. We will notify you if any corrections are needed

  3. If no corrections, or corrections are completed satisfactorily, you will be notified when the permit is ready

  4. Contractors

  5. Owners

    • Only the person on the application can pick up the permit

  6. Pay full permit cost at the time of pickup

  7. Submit your notice of commencement (NOC) (if applicable)

    • You can't schedule an inspection unless a recorded and certified NOC is submitted to Building Services

  8. Schedule inspections

  9. Obtain a certificate of completion or occupancy (if applicable)

 

NOTICE OF COMMENCEMENT (Information and Considerations As Found In The Florida State Statutes)

 

Permit Number:  [To be supplied or left blank if filing prior to obtaining permit]

Tax Folio No.    [**Note: Some NOC forms May Also List the Parcel ID here; obtained easily by searching for the property's address in the county property appraisers website database in your specific county; additionally, you can obtain all of the necessary information for the NOC in the same manner]

Declaration: The undersigned hereby gives notice that improvements will be made to certain real property, and in accordance with Section 713.13 of the Florida Statutes, [if the respective property is in the state of Florida]

The following information is to be provided in the NOTICE OF COMMENCEMENT.

  1. Legal Description of property (The legal description and the street address is required. You may locate the legal description by searching the respective county property appraiser's website database)

  2. General description of improvements:

  3. Owner Name: Owner Address:

  4. Owner’s interest in site:

  5. Fee Simple Title holder (if other than owner) Address:

  6. Contractor Name: Address:              Phone:

  7. Surety Name: Amount of bond:   Address:              Phone:

  8. Lender Name: Contact:   Address:              Phone:

  9. Person within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7, Florida Statutes.

  10. Name: Address: Phone Number:    In addition to himself, Owner designates the following person to receive a copy of the Lienor’s Notice as provided in Section 713.13(1)(b), Florida Statutes.

  11. Name: Address: Phone Number:

  12. Expiration date of Notice of Commencement (expiration date is one (1) year from date of recording unless a different date is specified).

WARNING TO OWNER:  ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART 1, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.  A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.   IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.


Signature of Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager

Signatory’s Title/Office STATE OF FLORIDA COUNTY OF (Your Specific Zoning Locality; i.e. City or County)

The foregoing instrument was acknowledge before me this __________ day of ______________________________________, 20__________, by ________________________________________, as ______________________________ for  ___________________________________. Personally Known __________ OR Produced Identification __________ Type of Identification Produced ___________________________________________________

Signature - Notary Public

Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true to the best of my knowledge and belief.

Signature of Natural Person Signing Above

(A copy of any bond must be attached, at the time of recording, of the Notice of Commencement)

 

Additional Considerations Of Which You Should Be Aware Regarding Florida State Contractors Lien Law and Their Impact In The Building Processes of Clearwater, Florida

 

 [***Note: In addition to the above ‘Warning to Owner’ section of the NOC, the property owner should be additionally aware that the improvements performed confer a vested interest to contractor(s), as well as, any crediting supplier of materials for the improvement. Some state/local statutes grant a ‘Right to Lean’ against the property for either the ‘Services Rendered' and/or the 'Materials Used’ in the improvements. This is a ‘Legal Protection’ for ‘Non-Payment’ after the improvements are completed. You should be aware of these legal matters and specifically request a ‘Letter of Lien Release’ (if applicable) Prior to final payments to those vested parties, i.e. The contractor and/or the materials provider-if the materials were financed, were included in the NOC's additional debtors section, or were a stipulation in the Contractor’s Services contract. In most residential ‘contractor-based’ improvements the contractor will remain liable for the materials so long as the contract provides that he materials were included in the services contract and the services were paid in full. The best practice is to be certain of these matters to prevent an unwarranted claim against the property. The NOC form provides for an additional ‘Debtor’ to the improvements and/or materials to appraise homeowners of these matters; however, be certain when entering a home improvement contract with anyone that the NOC is properly filed for liability purposes. ***This is Not to be considered legal advice, but serves to inform property owners of additional considerations in these matters]

 

An Additional Concern For Agents In Real Estate Or One Acting On Behalf Of Others When Executing Property Improvements Contracts.

 

[***Note: Agents acting on behalf of ‘Real Property’ Owners, such as Real Estate Listing Agents, should be careful when scheduling for home improvements for a property of which they manage listings. Should you act on the owner’s behalf in securing improvements for the property, such as by ‘overseeing and/or securing’ a contractor to perform the improvements, you must stipulate that you are NOT the liable party of payment for the services or the contractor may hold you personally liable for payment regardless of who owns the property. Should you initiate the agreement, then you are liable for payment. Make certain to review your specific role in the negotiation of listed property improvement contracts to ensure the proper liability rests with the awarded party. Additionally, if the improvements are less than the legally enforceable amount (usually $500) you could be subject to a relationship disabling encounter with trusted contractors should the homeowner default on payment. Contracts are best drafted beforehand regardless of the amount at stake and they act as safeguards to all parties involved in such matters. Good practices such as this ensure Universal protection of each party and promote relationships in a field that is relationship fortified. ***This Information is NOT to be considered legal advice but serves to inform relevant parties of additional considerations in these matters]