A Building Permit Is the Government's Authorization to Build - and It Is Based on Code Compliance of the Documents
Before construction begins on any significant building project, the building owner or contractor must obtain a building permit from the authority having jurisdiction (AHJ) - typically the local building department. The permit signals that the AHJ has reviewed the submitted construction documents and determined that the proposed construction complies with the applicable codes (building code, zoning code, fire code, accessibility requirements, and local amendments). No permit means no legal construction - starting work without a permit exposes the owner and contractor to stop-work orders, fines, and potentially required demolition of work completed without authorization. Understanding the permit process - who submits, what is reviewed, how comments are resolved, and what enables a Certificate of Occupancy - is tested on the ARE CE exam as part of construction administration and on the ARE PA exam in the context of regulatory compliance.
Permit Application and Submission
The permit application is submitted by the owner or their authorized agent (the architect or contractor in many jurisdictions). The submission includes: a completed permit application form; two or more full sets of construction drawings, stamped and signed by the architect of record; specifications; structural calculations (stamped by the structural engineer); energy code compliance documentation; accessibility compliance documentation; and the applicable permit fee (calculated based on construction cost or project valuation). In some jurisdictions, multiple permits are required for different aspects of the work - a separate building permit, electrical permit, mechanical permit, and plumbing permit from different regulatory bodies.
Plan Review
The AHJ's plan review process involves checking the submitted documents against all applicable codes. Reviewers examine: occupancy classification and construction type; means of egress; fire protection systems; structural adequacy (may require structural review); accessibility compliance; energy code compliance; and zoning compliance (setbacks, height, FAR). If the documents are found to be compliant, the permit is issued. If reviewers identify deficiencies, they issue plan review comments identifying the required corrections; the architect must revise and resubmit the affected sheets or provide written code justification for why the existing design is acceptable.
Certificate of Occupancy
A Certificate of Occupancy (CO) is issued by the AHJ after construction is complete and the building department has performed its final inspection and verified that the construction matches the approved permit documents. The CO authorizes the building to be occupied for its permitted use. Without a CO, the building cannot legally be used or occupied - a hotel cannot check in guests, a retail store cannot open to the public, an office cannot have employees working in it. The architect's certificate of substantial completion (which triggers the contractor's right to final payment) is separate from the AHJ's certificate of occupancy; both are required for the project to be formally complete.
Key Exam Points
- Permit: AHJ authorization to build; based on code compliance of submitted documents.
- Permit application: submitted by owner or authorized agent (architect or contractor); includes stamped drawings, specs, calculations.
- Plan review: AHJ checks code compliance; issues comments if deficiencies found; architect must resolve before permit issues.
- Certificate of Occupancy: issued after final inspection confirms construction matches approved documents; required before occupancy.
- CO is separate from architect's certificate of substantial completion - both are required for project completion.
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