Welcome to Beverly, MA

Building Permit Application Procedure

When is a Building Permit Required?

The Massachusetts State Building Code 780 CMR states that "it shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code" without first obtaining a building permit. This includes, but is not limited to, new structures, additions, dormers, chimneys, woodstoves, decks, roofing, siding, swimming pools, antennae, and sheds. The only exception is an ordinary repair. An ordinary repair does not require a building permit.

What is an ordinary repair?

The State Building Code defines ordinary repairs as "any maintenance which does not affect structure, egress, fire protection systems, fire ratings, energy conservation provisions, plumbing, sanitary, gas, electrical, or other utilities. This has been interpreted to mean that rotted floor boards can be replaced on a deck, but the deck can not be rebuilt without a permit. Also, damaged roof shingles can be repaired, but the entire roof cannot be re-shingled without a permit. If in doubt as to how much work can be done under ordinary repairs, contact the Department of Municipal Inspections before the start of work.

What is the penalty for working without a permit?

At the minimum, you will be required to obtain a permit and pay a double fee. The State Building Code allows for a fine of up to $1000.00 per day. If work requiring inspections is covered, it will be required to be uncovered for inspection, and if any work is in violation of the building code or zoning ordinance, it will be required to be corrected. Failure to obtain a building permit may jeopardize your homeowner's insurance.

How do I apply for a building permit?

Applications can be obtained at the Department of Municipal Inspections. A sample building permit is available on-line.

Is any other information required to be submitted with the application?

Yes. For most projects, 3 sets of construction plans and 3 copies of a certified plot plan must accompany the application, along with the permit fee.

Can I begin work once I submit my application?

No. Work cannot proceed until the permit has been issued.

How long does it take to obtain a permit?

The Department of Municipal Inspections has a maximum of 30 days in which to issue or deny a building permit. The actual time can vary from 1 day up to the maximum 30-day limit, depending on the number of applications ahead of yours, and the scope of work. Generally, the smaller jobs will take a shorter time, with new buildings taking close to the full 30 days, so allow for this in your scheduling.

Will I be informed when the permit is issued, or do I have to keep calling to find out the status?

The applicant will be called when the permit is ready. If we are unable to reach you by telephone you will be notified by mail. When the permit is ready, it must be picked up at the Department of Municipal Inspections.

Building Permit Fees

What is the fee for a building permit?

The fee schedule is available elsewhere on this site. These fees are subject to change, so check with the Department of Municipal Inspections for the latest fee schedule.

What do I get for this fee?

Your permit fee covers the cost of plan review and inspections to determine code compliance.

Do I calculate the fee?

No. That will be done by the Department of Municipal Inspections. In general, it is based on the valuation of the work, which you provide in the applicable space on the permit application.

What if I don't know the valuation?

Many cost estimating publications are available at the library or at bookstores to assist you. If the figure you put on the application is too low, we will adjust it.

If I do my own work and use donated materials, won't the permit fee change?

No. The fee is based on valuation, not how much the job cost you.

Why should I obtain a building permit?

A building permit ensures that work is done correctly and safely. The permit fee is cheap assurance against faulty construction. Also, there are legal and financial liabilities that you face when you don't get a permit. Work done without a permit is illegal and can pose serious complications for you when you try to sell or refinance your house. Any fire and homeowner's insurance you have may be invalidated if you do work without a permit.

Can I do the construction myself or do I have to be licensed?

The State Building Code states that no structural work shall be done without a construction supervisor's license. A homeowner can do work on his/her own home without a license provided that if the homeowner engages a person for hire to do such work that the homeowner shall act as supervisor.

What is a homeowner?

For the purpose of determining when a license is required, a homeowner is defined as a "person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a dwelling of six or less units, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner."

Can I do my own electrical and plumbing/gas work?

No. State law requires anyone performing electrical, plumbing or gas work to be licensed.

Hiring a Contractor

If I don't know any good contractors, can the Department of Municipal Inspections recommend someone?

No. Due to obvious conflicts of interest, we can not get involved in the hiring or recommendation of contractors or in any contract disputes. One way to find a good contractor is to ask someone who has recently had similar work done on their home for a recommendation. The Department of Municipal Inspections has a copy of all permits issued. These permits can be reviewed to locate some addresses that appear to have had similar work done. We suggest that you review the permits and if you find a project similar to yours, contact the owner to see if they were happy with the work. Most homeowners are happy to talk about their construction projects. If you find a contractor who you are considering hiring, we can give you a computer generated list of all recent projects in the city that the contractor has worked on. Again, you can then contact the owner to see if they were happy with the work. Keep in mind that it is important to check references, but don't rely on references given to you by the contractor.

I understand that if I obtain the building permit, I do not need to be licensed, but if I hire a contractor, does my contractor need a license?

If you are hiring a contractor, they will generally have to hold a Home Improvement Contractor's registration and, if doing structural work, will be required to hold a Construction Supervisor's License. If they obtain a building permit, we will make certain that they have the proper licenses before issuing the permit. Be wary of a contractor who tries to convince you to obtain the permit as a way around his/her need for a license/registration. These licenses are to protect you. If you would like to verify that your contractor has the required licenses, follow this link for information about the State's Home Improvement Contractor Program.

Construction Plans

Are plans required?

In most cases, construction plans are required. However, for minor work such as roofing or siding, the requirement for plans will be waived. When plans are required, three copies must be submitted. Two will be returned with an approved stamp placed on them, and one will be kept for our files. One copy of the approved plans must be kept on the job site at all times for the inspector to view.

Do I have to have an architect prepare my plans?

In most cases, no. However, if the work involves unique methods or materials, the Department of Municipal Inspections may require that the plans be stamped by a Registered Architect or Engineer.

How much detail is needed on the plans?

A full set of construction plans must be submitted. It must be clear from the plans what work is being done and how it is being done. Plans should be to scale and legible. A title block giving the address of the project must be provided on the lower right-hand corner of all sheets. All areas addressed in the building code must be addressed on the plans. In general, plans for new construction should include floor plans, foundation plan, framing plans, sections and elevations. Simply adding a note to the plans that says "all work to comply with codes" is not sufficient. In the Appendix is a review sheet that the Department of Municipal Inspections uses to review residential plans. All applicable items should be addressed on the plans. Remember, the more complete that the plans are, the less likely that problems will arise after construction. Several good books are available at the library or at bookstores on architectural drafting.

Can I change my plans after they have been approved?

Yes. Revised plans must be submitted prior to constructing the change. Also, an application for revised plans must be submitted and additional fees, if any, paid. If the new work is a lower valuation than the original work, no refunds are given.

Is a plot plan required?

If the work involves a new structure or an addition to an existing structure (including a vertical addition), a plot plan is required. As with construction plans, you must submit three copies.

I have a mortgage plan that was given to me by the bank when I purchased my home. Can this be used?

The purpose of a plot plan is for determination of compliance with dimensional controls of the Zoning Ordinances. A mortgage plan is only a rough approximation of where the house is located, and was prepared only for mortgage purposes. Due to the inaccuracy of these plans, they can only be used if the project is far in excess of the required setbacks (generally, at least 5 feet in excess of the required setback). If the plan shows that your project will be close to the required setbacks, a more accurate plan will be required.

Can I prepare my own plot plan, if I am certain where my property line is?

No. Plot plans can only be prepared by a Registered Land Surveyor, and must bear his/her stamp.

What if I have over 100 feet to my property line and it is obvious that I will not be anywhere near the required setbacks?

A stamped plot plan is still required. There may be easements, wetlands or other restrictions that the homeowner is not aware of and will only be shown on a stamped plot plan.

What information is required on a plot plan?

The surveyor generally knows the procedure for preparing a plot plan and the information required. Setbacks to all structures must be shown. If any structure is to be demolished, its location must be shown. Also, any easements must be indicated on the plan. Any new driveway must have the setback from the property line and its slope shown on the plan. Trees with a diameter of 8” or more must be shown, and grades (before and after construction), must be shown. Some of these requirements may be waived if the work is of a minor nature.

If I have a plot plan, can I draw my addition on it?

No. You must submit the unaltered plot plan along with a separate plan drawn to scale showing the location of the proposed addition. This can generally be done by the homeowner or architect. However, if there is doubt as to the location and conformance with setback requirements, a certified plot plan showing the proposed structure will be required.

If I don't have a plot plan, where can I get one?

Mortgage plans can sometimes be obtained from the bank. Also, the Department of Municipal Inspections has plans on file for many properties in the city. If available, these may be acceptable. Otherwise, you must contact a Registered Land Surveyor to prepare a plan for you.

Can the city recommend surveyors?

No. They are listed in the yellow pages. It is suggested that you contact a surveyor who is familiar with the area. Shop around, since prices vary greatly.

How much is a plot plan?

There are too many variables to give an accurate estimate. You can probably expect to pay anywhere from a few hundred dollars for simple jobs to a few thousand dollars for more complex jobs. This amount should be considered when you are estimating the cost of your project.

How does the Department of Municipal Inspections know if the structure was placed in the location proposed?

For all new houses and for additions that are close to the required setbacks a certified "as-built" plot plan must be submitted to the Department of Municipal Inspections after completion of the foundation. Framing cannot proceed until the plot plan has been submitted.

Expiration of Permits

When I obtain my permit, how long do I have to start the work?

The State Building Code states that "any permit issued shall be deemed abandoned and invalid unless the work authorized by it shall have been commenced within 6 months after its issuance; however, for cause, one or more extensions of time, for periods not exceeding 6 months each, may be granted in writing by the Building Commissioner or Inspector of Buildings." Extensions are normally granted without any trouble. However, if there have been changes to the Zoning Ordinances or building code subsequent to the original issuance of the permit, any grandfather status may be lost if work has not begun (i.e., you will have to comply to the new requirements). In addition, there is a fee for each 6-month extension requested. (See Appendix A) A request for an extension must be made in writing.

How long do I have to complete the work?

The State Building Code states "Work under (a permit) in the opinion of the Building Commissioner or Inspector of Buildings must proceed in good faith continuously to completion so far as is reasonably practicable under the circumstances." In addition, there is an annual permit renewal fee. (See Appendix A) for work which takes more than a year to complete.

When I start construction, is the work inspected?

Yes. It is the responsibility of the permit holder to call the Department of Municipal Inspections to arrange for the required inspections. Required inspections are indicated on the inspection record card, which you receive when your permit is approved.

Where should this card be kept?

The card must be posted in a location visible from the street and accessible to the inspector. Generally, the best location is inside a front storm door.

Do I need to provide anything else to the inspector?

Yes. If you submitted plans along with your permit application, a copy of these plans, bearing an "approved" stamp was returned to you with the approved building card. This copy must be available for the inspector to review for determination that the work is in compliance with the approved plans.

How much notice does the inspector need when I am ready for an inspection?

The State Building Code states that the contractor must give the inspector 24 hours notice prior to the time when the inspection needs to be performed. It further states " the Building Inspector shall make the inspection within 48 hours after such notification".

Can I call for plumbing and electrical inspections?

No. These calls must be made by the licensed plumber or electrician. The amount of notice required is stated in their respective codes.

What does the inspector look for during the inspection?

We are trying to determine compliance with the approved plans and with the applicable codes. For more detail, see the attached list of inspection checkpoints.

Does the inspector carry identification?

Yes. All inspectors have business cards and photo identifications. Also, they normally arrive in an official vehicle. If in doubt as to the inspector's identity, please request identification.

Will the inspector ever come to my house without a call from me or my contractor?

Generally, no. However, the issuance of a permit gives the inspector the authority to enter the premises at any reasonable hour for the purpose of determining compliance with the approved permit. Denial of permission to enter the premises could result in revocation of the permit.

Does someone have to be home during the inspection?

If access to the new work requires the inspector to walk through your existing, furnished house, someone must be present to let the inspector in. The inspector will not enter an unoccupied furnished house. We also will not enter a house in which only a child is home, unaccompanied by an adult. In these cases, please make arrangements with the inspector for a time to meet. We will try to accommodate your schedule as much as possible. However, the large number of inspections, and the unpredictability of the length of time each inspection may take, makes precise appointments difficult.

I'm having an addition built. When can I begin using it?

The State Building Code states: "a building or structure shall not be used or occupied in whole or in part until the Certificate of Use/Occupancy shall have been issued by the Building Commissioner or Inspector of Buildings.... The certificate shall not be issued until all the work has been completed in accordance with the provisions of the approved permits and of the applicable codes for which a permit is required...".

Is a Certificate of Use/Occupancy always required?

No. A Certificate of Occupancy is generally issued only for new construction (new houses, additions, decks, etc.) or for changes in use of an existing area (finishing an attic, etc.). Certificates are also issued for wood stoves. Certificates are not required or issued for roofing, siding, etc.

If I don't get a Certificate, how do I know the work was completed satisfactorily?

The inspector will sign your inspection record card. Also, if for any reason you want a Certificate, simply request one and it will be provided.

Can I occupy my structure before all the work is done?

In most cases, no. However, at your request we may issue a temporary Certificate of Occupancy if the work is near completion and the structure can be occupied safely. This Certificate will have an expiration date and list the work required to be completed prior to issuance of the permanent Certificate.

Building Code Variances

What if my project makes it impossible to comply with a provision of the building code?

The Department of Municipal Inspections does not have the authority to waive a requirement of the building code. If code compliance is not possible due to a unique situation, a variance must be obtained from the State Board of Building Regulations and Standards.

How do I obtain a variance?

Applications are available in the Department of Municipal Inspections or at the State Department of Public Safety. It is a lengthy process, so allow ample time in your project scheduling.

What if something is not covered in the building code?

In that unlikely situation, the building inspector has the authority to approve or disapprove the proposed method of construction.

What if I don't agree with a decision of the inspector?

If the disagreement can not be resolved, an appeal can be filed with the State Board of Building Regulations and Standards, using the same application used for a variance.

Do I need a permit for a storage shed?

Storage sheds that exceed 120 square feet require building permits.

Are there any setback requirements?

A shed no more than 100 s.f. in area and 10 feet in height may be located 5’ from the side and rear property lines. Otherwise, the shed must meet the same setbacks as a house.

Does my shed need to be placed on a foundation?

A shed of up to 120 sq. ft. is small enough so as to not require a foundation. However, it must still be anchored to the ground. Kits are available for this purpose. This is to prevent overturning due to wind, and is especially important for aluminum sheds. Sheds greater than 120 sq. ft. or which have utilities connected to them (plumbing, gas, electric, sewer, etc. as in the case of a swimming pool filter house) must be on a footing extending below frost to prevent movement due to frost action.

Do I need a permit for a swimming pool?

Yes. The State Building Code defines a swimming pool as any structure that contains water over 24 inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational bathing.

Are there setback requirements?

Yes. A swimming pool must be set back a minimum of 10 feet to the water line from the side and rear lines.

Is a fence required?

Yes. A fence at least 4 feet high (for a residential pool), with a self-closing and self-latching gate. If the wall of the house serves as part of the enclosure, any doors leading from the house to the pool must be alarmed.

Are there any special requirements for woodstoves?

All woodstoves must have a separate building permit, even if they are being installed as part of an addition or new home which already has a permit. This is because a separate Certificate of Occupancy/Use is issued. We issue separate certificates since most insurance companies like to know that these have been inspected.

What are the installation requirements?

When you apply for the permit, you should submit a copy of the manufacturer's installation instructions. These must show required clearances to combustible materials. Installation must be in accordance with the manufacturer's instructions. Also, the woodstove must be labeled either by U.L. or other accredited laboratory.

What requirements are there for fences?

A fence up to six feet in height (nominal) may be located on or close to a lot line. No building permit is required. A fence greater than six feet must have written approval of the abutter and a building permit must be obtained.

Home Occupations

I would like to run a business out of my home. Is this allowed?

The Beverly Zoning Ordinances allow “the use of a room in a dwelling as an office, studio, or workroom for occupation at home by a person residing on the premises and in connection with which the primary use is not the sale of commodities on the premises”. There can not be more than one employ

ee, there must be sufficient off-street parking (see the ordinance for requirements), there can not be more than one commercial vehicle on the property at any one time, and there can be no exterior display or storage of materials.

What if I want to build closer to my lot line than permitted?

In that case a variance is required from the Zoning Board of Appeals. A petition for a variance must demonstrate in what manner with respect to particular land or structures or to an existing building thereon a variance from the terms of the ordinance, owing to circumstances relating to the soil conditions, shape or topography of such land or structures and owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the zoning ordinace would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. In other words, there must be a condition relating to the soil conditions, shape of the lot or the slope of a lot that preclude the erection or construction of a structure in compliance with the zoning ordinances.

If approved, when can I apply for a building permit?

Applications for building permits may be accepted only after the expiration of a 20 day appeal period, and proof that the variance has been filed with the Registry of Deeds is submitted.

Enforcement of the Zoning Ordinances

Who enforces the zoning by-law and who interprets its requirements?

The Building Commissioner is responsible for the enforcement, administration and interpretation of the City of Beverly Zoning Ordinances. If the Building Commissioner is informed or has reason to believe that any provision of this By-Law is being violated, he/she shall make or cause to be made an investigation of the facts and inspect the property where such violation may exist. If upon such investigation and inspection he/she finds evidence of such violation, he/she shall give notice thereof in writing to the owner and occupant of said premises and demand that such violation be abated within such time as the Building Commissioner deems reasonable. Such notice and demand may be given by mail, addressed to the owner at his address as it then appears on the records of the Board of Assessors and to the occupant at the address of the premises. If after such notice and demand the violation has not been abated within the time specified therein, the Building Commissioner shall institute appropriate action or proceedings in the name of the City of Beverly to prevent, correct, restrain or abate such violation of the Ordinances.

What are the penalties for violating the zoning by-law?

Anyone who violates a provision of the Zoning By-Law, or of any condition of a Variance, a Special Permit or a Special Permit with site plan review, shall be punishable by a fine of not more than one hundred dollars ($100) for each offense, except that the penalty for the removal of earth materials in violation of the By-Law shall be provided for in the General By-Laws of the Town of Lexington. Each day during which any portion of a violation continues under the provisions of Section 3.1 shall constitute a separate offense.

What if I believe that my neighbor is violating the zoning by-law?

Simply call the Department of Municipal Inspections and we can tell you if a violation exists. If you wish to file a formal complaint for enforcement action, the complaint must be in writing. You will be informed of any action taken on your written complaint.