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Do You Have to Pull Your Own Permits When You Build an ADU in Massachusetts?

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Watch: Why Renting Wasn't an Option Anymore

You found a builder you like, but you keep wondering about a few things. Like who applies for the permits at town hall, and answers the building department's questions? And who will need to be available when the inspector shows up? If you have to do that, you will have to fill out a bunch of unfamiliar paperwork and there's a liability there.

My name is Buz Artiano, and I am the founder of BuildX. We've built dozens of ADU projects across Massachusetts, mostly around the South Shore and Plymouth County areas. We are the only team you need: we do the design, permitting, and construction. So we see every phase of a project from the first site visit up until you move in. We evaluate septic constraints, zoning issues, utility connections and the requirements for a permit from the city. So the permit question gets brought to us before it even gets to you.

Kevin and Terry Cregan are clients of ours. We're building an ADU on their property in Plymouth for their daughter and her spouse. They've been renting for a couple of years and when they started looking for homes, anything in their price range was a fixer upper and needed more money put into it to even be livable. We love to share stories from clients who are happy with us of course, but we are telling the Cregans' story because they were the homeowners and they were right in the middle of a build when we talked to them about how easy the permitting process was.

Quick Answer: No, you shouldn't have to pull your own permits. When you hire a builder for your ADU, the builder's team should do all that for you. In Massachusetts you have to be careful because applying for your own building permit makes you responsible for the work as the general contractor, and it can put their Guaranty Fund eligibility at risk. Licensed trades hold their own permits. What that means is that only a licensed electrician can pull an electrical permit. On the Cregans' ADU, the family didn't have to file any paperwork at all. Our project manager coordinated with our team to get all the zoning, building, and electrical permits. We made sure we kept the Cregans up to date on all submissions and approvals as well, and made sure they had notice before an inspector showed up.

Do I Have to Pull My Own Permits for an ADU?

No, you shouldn't have to pull your own permits. If you hire a builder for your ADU, their team should handle the permit applications, keep track of when things get approved, and coordinate the inspections. That's what we did for the Cregans. Kevin summed it up when he said "We didn't have to pull any permits, no."

Kevin was making a point about what their involvement was in the paperwork and permit process. It was none. They didn't have to spend afternoons going down to the building department, learn the application forms, or deal with inspectors. Terry said "So our project manager, Michael, is great. He'll tell me when they've applied for a different permit, like the zoning permit, the building permit, electrical, whatever it is."

When you hire a design-build company, handling all the permits is part of what you're paying for. If a builder tells you that you'll need to file them yourself, ask them why, because there are a lot of liabilities when you pull your own permits.

What Do I Take On If the Permit Is in My Name?

That's going to depend on what you're building. The state Office of Consumer Affairs and Business Regulation tells people not to apply for their own building permit when they hire a contractor. They provided a list for what you take on when you do that:

The same warning states that a homeowner who pulls the permit has no claim to the Guaranty Fund. The Guaranty Fund is the state fund a homeowner gets money from after they win a court judgment against a registered contractor. You can read the full warning at mass.gov.

But this only matters where the fund actually applies, and it doesn't apply to every ADU. The Guaranty Fund is part of the Home Improvement Contractor law, Chapter 142A. The state's homeowner guidance says that only applies to existing, owner-occupied residences of one to four units in Massachusetts and it specifically says that it does not cover new construction. The law says that it covers conversions of existing space and additions to a home that the owner lives in. So that sorts it like this:

Make sure you get it in writing which category your ADU will be in before you count on Guaranty Fund protection. The state's coverage rules are at mass.gov.

Which ADU Permits Does My Builder Handle?

On the Cregan project, Terry talked about three permits: the zoning permit, the building permit, and the electrical permit. The permits an ADU needs depend on the town, the lot, and the design, so read those three as the permits the Cregans heard about. There's a lot of properties that require other permits as well.

Each of those three permits is for something different, and different people are in charge of them. The zoning permit is what decides whether the ADU is allowed to be built on your lot. The building permit covers the ADU itself and makes sure it's up to the current code. The electrical permit covers the wiring, and Massachusetts electrical licensing guidance states that an electrical permit can only be pulled by a licensed electrician or electrical contractor. More info at mass.gov.

That's why Michael's job is coordinating. When Terry says he told her they had applied for the electrical permit, the application itself sits with the licensed electrician on the job. Michael's job is to keep track of it, handle the schedule, and keep the family up to date on everything.

On the Cregan build, one person coordinated all the permit applications, and there's actually a good reason for that. The person who holds the permit is the one who works with the inspector. When an inspector needs you to fix something, it's up to whoever holds the permit to fix it. With one project manager dealing with all the permits, that person is able to farm out any correction work that has to be done to the right people without having to bother the family with it at all, other than a quick status update. When a homeowner holds the building permit, they are the ones who have to deal with the inspector, the trades, and the schedule.

How Will I Know Where My Permits Stand?

Handing off the permit process to someone else doesn't mean you have no control over it, it just means you don't have to be bothered with all the logistics. Terry said she would hear from Michael three times. He would "let us know that they've applied for it, let us know when it's approved, and he also lets us know if an inspector's going to be coming out."

When the property is occupied, it's important to have a heads up when the inspector is coming. The Cregans live on the property where we are building their ADU, and the advance notice made sure they weren't alarmed when a stranger walked onto their property.

The updates also came on a schedule. Kevin put it this way: "I've got to give Michael props for that, because they reach out every single week, or every, sometimes multiple times." Terry set the standard at "a minimum once a week." For a family that is not filing anything, a weekly update is the only way they know that anything is happening.

If you are comparing builders, make sure you hold them to this same standard. You need to know when it's filed, when it is approved, and you need notice before anyone from the town shows up.

What Should I Ask a Builder About Permits Before I Sign?

A builder who handles the permitting will answer these questions for you no problem. A builder who gives vague answers is a red flag.

That last question ties the permit back to your protection. The state provides some guidance, they say a registered contractor should agree to pull the building permit and any other necessary permits. If they refuse to do so, it could be a warning sign that the contractor is unregistered.

Is Handing Off Permits the Right Choice for Every ADU Project?

Since we coordinate permits as part of our work, it makes sense that you might think we always handle them, but the honest answer depends on how you plan to build. If you plan on acting as your own general contractor, hire the subcontractors yourself, and supervise the work yourself, the building permit absolutely should go in your name, because you are the one directing the work.

That's not how we do things because we are a design-build firm. If you want to own the permits, the supervision, and the inspection calls, a design-build contract is going to make you feel like you're paying for work that you're doing yourself, so it's probably not the right fit. If you want one company to deal with everything: design, permits, and construction, while keeping you apprised of all progress. That is the arrangement the Cregans chose.

Who Should Carry the Permits on Your ADU?

If you are hiring a builder, the builder should be the one pulling the permits, and you need to confirm that before you sign anything. The Cregans show what that looks like in practice: no filings on their end, steady weekly updates, and notice before inspectors arrive.

Want Your ADU Permits Handled From Application to Inspection?

We'll review your lot, identify the permits your ADU will need and who holds each one, and walk you through how we coordinate, track, and report on every application for your property.

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Call us: (781) 627-7000

Disclaimer: Every effort has been made to accurately convey Buz Artiano's answers based on live interviews and podcast episodes as of their original recording dates. However, pricing, timelines, materials, regulations, and other details may change over time. Please call our offices at (781) 627-7000 or schedule a Project Clarity Call before making any final decisions based on the information in this article.

Meet the builder

Buz Artiano, Owner of BuildX

Buz Artiano

"My name is Buz Artiano, owner of BuildX. At BuildX we're more than a home builder. While building is what we do, the relationships that are created in the process are what drives our passion to transform your dream into a reality. That is why we strive to give a first-class experience to our clients by listening to their vision and then building their trust with a custom home design that matches their taste and lifestyle."