We focus on designing new buildings and resolving issues related to the legalization and correction of property permit statuses. Our services are tailored for individuals looking to construct new single-family homes as well as those dealing with building code or safety violations from local authorities.

We perform a detailed assessment to identify the required expertise for each situation. Our team works closely with various consultants and legal experts to compile and coordinate research and testimony and we can act as expert witnesses for property owners when necessary. Our services include a complete document package that features thorough property record searches with city and county officials, design, and overall building permit approval. We advocate for our clients throughout the entire approval and construction journey.

OUR NON-DESIGN SERVICES

OBTAINING A BUILDING PERMIT PRIOR TO CONSTRUCTION 

It is always best to obtain a permit before construction begins. This includes garage conversions, guesthouse conversions, deck additions, or any new or added building work which would normally require building permits or formal written approvals from a regulatory agency. Building permits are also needed for rough construction and structural work, electrical, plumbing, heating/air conditioning work, grading or drainage of other work involving digging and earth moving, or for site work at property lines immediately adjacent to neighboring properties or public space.  

Also included would be building permits or planning and zoning approvals for the types, limits, and parameters of property uses. Requirements for these permits overlap and are separate from the specific technical construction permits mentioned. Other public service agencies and jurisdictions, (such as fire departments, housing authorities, and environmental agencies), require separate reviews and approvals which may over-ride or extend the more basic approval requirements previously noted.

Building without a permit is risky business but can be retroactively approved through submissions and negotiated administrative procedures if the construction conforms to current codes or is not determined to be in significant conflict with them. Some permit violations can be upgraded or partially rectified due to considerations of equity or hardship. The correction of some permit violations can be waived with submissions of drawings and technical reports which attest to its basic soundness and safety. Finally, some permit violations must be removed or changed fully along with new permits.

CORRECTING NON-COMPLIANCE ISSUES

Moore Land Co. has extensive experience with all issues regarding the legalization of or corrections to, the permit status of a property - collectively known as Property Legalization, Retro-active Permitting, or Building Code Compliance. The government has a interest in enforcing compliance with permitting requirements for a number of reasons: to maintain and upgrade conditions pertaining to public health and safety; to pursue long range planning and community development goals; to manage tax policy and other revenue generating activities; and to maintain balanced and effective land zoning and use policies. 

Our clients include people who have been cited for building code and/or safety violations by a City or County governmental agency, as well as people who need to resolve real estate problems or conflicts regarding the status of their property. 

We believe that the first step is to analyze, understand, and identify which experts are necessary. Our team is able to assist any legal team with assembling and coordinating the research and testimony. Our experienced professionals can also act directly as expert witness on behalf of the property owner if the legal team deems this to be appropriate. We will provide the following: 

Document Package

We will conduct a complete property record search from city and county public officials and agency staff and individually analyze and translate all records to create a coherent and detailed analysis of the property’s legal status. We will document all legal parameters such as zoning requirements, building codes, health codes, and other regulations which are relevant to the legal issues involved.

Identify and Analyze Potential Non-compliance Issues

We will investigate physical site conditions which must be considered in the potential resolution of any permit compliance issues.  

Recommend Corrective Measures

We will identify and review possible strategies and solutions. We will estimate all associated costs based upon the choice and authorization of the client regarding possible solutions to be pursued. 

Testimony

We will prepare presentations of the above information for the purpose of representing a client in court proceedings, depositions, hearings, or other related official procedures.

THE BUILDING CODE COMPLIANCE PROCESS

The compliance process begins when you are notified of a possible non-compliance issue, often in the form of an official written notification, such as an Order To Comply. An Order to Comply is a formal letter or an official written "request" from a governing public agency that seeks from the owner, (who is deemed the responsible party), the correction or upgrading of some condition of the property.  It is important to remember that such "requests" are not influenced or mitigated by whether or not the owner actually caused the issue, or inherited it at the time ownership commenced, or even ever knew about it. These Orders to Comply are also not usually avoidable just because equivalent issues or conditions exist with other neighboring or similar types of properties.

The reasons for the issuance of an Order to Comply can vary. The underlying strategy of the governing agencies is to correct and improve property conditions in general by a sequential and incremental approach; one which is usually based upon instances of the redevelopment or retrofitting of properties and is sometimes based upon disputes between property owners or participants in property ownership transfer. Since the inspection process is random and not comprehensive, the process can often seem to be arbitrary and unfair.

Other means of notice may include a request letter from a public agency, a verbal instruction from a public official or staff employee, advice from a third party (professional or other-wise), or a demand or threat.  

The initial response to any type of a notice should not be to assume or accept that it is fully accurate or applicable to your property. Many times these compliance directives address very generalized requirements that may not fully relate to the specifics or eccentricities of your particular property. Many times a partial or reduced compliance can be negotiated. Sometimes a compliance directive can even be waived or canceled outright due to extenuating circumstances. In some cases, the Order to Comply or other notice is just plain wrong or not applicable to the property. Careful and comprehensive research by an experienced support team, such as Moore Land Co., in collaboration with you, the property owner, is necessary before responding to such communication.

We will work with you to identify your goals which my affect the resolution of the possible building code compliance issues. For example:

- As the owner, you may wish to freely pursue future development or sale of the property but not without limitation or loss of use or value. 

- As the owner, you may wish to apply for a Zoning Variance when applicable, but this should be the final resort and only through professional guidance.

- As the owner, you may wish to hire a building code compliance specialist, such as Moore Land Co., to prevent immediate or future punitive fees or restrictions on the current use of the property. 

Any of these potential Building Code Compliance "goals" are subject to careful research, verification, and appropriate negotiation with the proper authorities. 

WHERE DO I START? 

The first step towards resolving zoning laws and building permit requirements is to present a clear and comprehensive image of the property, as well as an accurate and complete description of the property's history. This will provide the public officials with a secure feeling and with a sense of confidence in, and respect for, the property owner and the owner's representatives.

To understand specific zoning laws and building permit requirements we must start by assembling a comprehensive picture of the exact conditions of the property, both legally and physically. Some aspects of these conditions that may influence the best resolution of the property’s issues might not be clearly evident at first glance. For example, potential legal or jurisdictional zoning laws and building permit requirements may be conflicting or open to interpretation or judgment.  Public officials and agency staff do not always have the necessary and appropriate information at their fingertips in one coordinated set of building permit records. This being said, it is important to help those who will make these decisions to arrive at a level of comfort by providing them with as much information and detail as possible.

The comprehensive physical picture should include appropriate measurements and scaled drawings of the current physical conditions of the property and its structures.  It is also useful to include characteristics and photographs of the adjacent properties. Often, professional experience is necessary to understand exactly what aspects of these physical conditions should not only be included, but emphasized. It is also important to understand what level of detail is appropriate for the zoning laws and building permits in question.

The comprehensive legal picture should begin with an assembly of copies of any and all records which any public agency may have concerning the property. These records should be obtained directly from those agencies. Professional experience may be necessary to assemble these records because relevant information is often not where you may expect it to be and sometimes this information is incomplete or even contradictory. In addition, all information in the possession of the property owner should also be assembled regardless of how redundant, old, or informal it may seem. Once all of the records have been assembled and reviewed a written summary can be prepared which highlights the most pertinent information and focuses attention on the aspects that are most favorable to the owner's position and goals.

PERMIT COSTS

This is always one of the first questions asked, and one which must be answered responsibly. Due to the wide variety of types of problems in the category of "property legalization" and "retroactive permitting," not to mention the varying degrees of these problems, it is not prudent to establish a rigidly simple set of fixed costs or fees for all properties and projects. The nature and scope of the issue for a particular property (not predetermined formulas) will determine costs. It should not be assumed that larger properties and their structures necessarily lead to larger costs and fees. Some physically larger properties may have very simple solutions which require only the most basic research work, minimal site documentation, and no follow-up permit drawings for construction work. Some smaller properties may have more complicated solutions which require intensive research work and advocacy, detailed technical site documentation, and extensive drawings and specifications for the required corrective construction.

Once the basic situation for a property is identified, the compliance issue discussed, and the property owner's needs documented (and before any contract is agreed to or fees incurred), a fixed Scope of Work can be described and provided to the property owner with a commensurate fixed fee quoted to carry the work to completion. As a part of this proposal, costs for possible construction work can also be estimated, as well as the possible administrative costs for whatever permits or other approvals may be necessary. 

It should be noted that our contract proposals are divided into sections in parallel to the phases of the work: "Research," "Review," “Design Development,” and “Resolve.” Each phase is authorized, pursued, completed, and paid for independently. Our clients are only committed to each phase individually and not to the entire process unless they so choose. In this way, the process retains maximum flexibility and fit to the individual project requirements and the client maintains maximum control and comfort.

COMPLIANCE OPTIONS AND RESOLUTION 

Building compliance options for the resolution of property legalization and/or retroactive permitting situations are dependent upon two factors. One factor involves the intensity of the government's need to rectify the perceived building compliance problem and the limits of its flexibility regarding the building compliance option. The other factor involves the responses the owner may be able or willing to make, given the choices and resources available. 

The first factor includes questions such as: 1) Does the building compliance issue affect public health or safety?; 2) Does the issue influence the fair and proper use of the surrounding properties and public space?; 3) Does the issue involve equitable tax revenues or other governmental revenue or expenses?; and 4) Does the issue involve adherence or conformity with any laws, codes, covenants, and restrictions, (however minimal in their practical impact), other than what is listed above?

The second factor has to do with the owner’s specific goals with respect to the property such as: 1) Does the owner wish to upgrade, expand, or fully redevelop the property either now or in the future?; 2) Does the owner wish to maintain the property "as is" for a long period of time or is there a desire to sell or re-finance the property on some schedule?; and 3) Does the owner wish to put off any site-work or other expense and investment in the property for as long as possible? The best resolution comes from matching the desires of the official "powers-that-be" with those of the owner. The solution can come from a working partnership that addresses the long-term status of the property, or from a negotiated settlement of conflicting desires in a more immediate time frame, or even from a wise and respectful challenge to the extent or necessity of doing anything.

Any such resolution requires careful research of the property's condition, standing, and history. The possible building compliance options can then be identified and ranked in terms of impact and cost, so that the owner can make informed choices.