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I Am Planning to Buy a New
Constructed Real Estate Property What are the Items I Should Inspect?
Walk-Thru/Inspection
List
Checklist of items to be checked during the walk-thru/inspection by buyers of newly constructed real estate properties. Note: We recommend that you walk-thru and inspect the property with the developer/building or their designee prior to signing the closing documents. You should bring along someone who is knowledgeable in the building trade as your representative. We suggest a licensed Engineer or Architect. The following items should be considered: q Check for plumbing leaks, noisy water lines and any indication of a roof leak. q Check for chipped or loose roof tiles. q Verify that doors and windows function properly. q Check the operation of air conditioning and heating systems and check for any condensate drain leaks. q Verify that there are no clogged sewer lines, fixtures and drains. q Check for any malfunctions in appliances (furnished by developer). q Check electrical outlets and light fixtures for proper functioning. q Check surrounding property for possible water drainage problems, such as ponding q Check surrounding property for possible source of contamination. Ask if an environmental site assessment is available. q Check kitchen cabinets and vanities for proper functioning. q Check for caulking missing around windows, doors and other finished areas. q Check for lack of adequate insulation in the attic. q Check for any deviations from the originally approved plans. q Checked for chipped, broken or cracked floor and/or counter tiles. q Check the workmanship as related to finish on walls, trim, paint, etc. q Check the operation of intercom and alarm systems, if provided.
q
Verify the installation of any required landscaping. These items should be checked after all utilities have been turned on
What are The Items That I
should Obtain Prior to Closing?
Owners/Purchasers of newly constructed real estate
properties should obtain the following items before closing: q Obtain an environmental site assessment report phase 1. q Obtain a list of contractors and sub-contractors who worked on the property, including phone numbers, addresses and “Certificate of Completion” number. q Obtain a copy of the approved set of plans for the property from the Building Department, Microfilm Unit. Call your local City for information. q Obtain a survey, including location of sewer/septic tank. q Obtain all flood zone information from your lender and insurance agent. Determine what type and level of insurance you should carry. q Obtain a copy of product approvals for the roof system and any other items that have product control approval requirements *[i.e. – screen enclosures, windows, French doors, trusses, etc.] q Obtain a roof insulation certificate. q Obtain air conditioning energy cards(s) posted by the mechanical contractor at the air handling unit(s). q Obtain a soil statement certificate, if available. q Obtain a termite inspection certificate from builder, if available. q Obtain a radon test certificate, if available.
q
Obtain any association documents, if applicable Note: For additional information on product control approvals, please call the Building Code Compliance Office of your local City. What Kind of Warranties I
Should Have?
List of items to be given to future owners by developers/builders: Note:
We recommend that the owner/purchaser of a newly constructed property
obtain, as a minimum, a one (1) year warranty from the developer/builder. q Ask developer/builder for all warranties issued by contractors, sub-contractors and/or appliance manufacturers such as: air conditioning unit, electrical appliances, roof system, etc. q Make sure warranty certificates are properly filled out and returned to manufacturers, within the proper time frame, to cover repairs or replacement of your new appliances.
q
Ask developer/builder if he /she has acquired insurance under any
Warranty Programs. Under those
programs, the developer/builder typically provides express warranty for
workmanship for one year and for the home systems for two years, and buys
insurance for another eight years against major structural defects.
The warranty companies will step in during the first two years if the
developer/builder fails to live up to the agreement.
Additionally, the program provides dispute resolution between builders
and buyers. q Within a year after the closing of a newly constructed property, notify the developer of any construction defects you notice. The complaints should be in writing and sent by certified mail with a return receipt requested to verify that the developer/contractor received the documents. q If the developer/builder participated in any of the available warranty Programs. Follow their specific instructions in resolving your claims. q If the developer/builder fails to respond to your complaints, you should contact the Office of Building Code Compliance, Contractor Licensing and enforcement section to request a complaint form. You will be required to submit your complaint on this form. Along with the form, please include copies of your contract, warranty document, letters of complaint to the developer/contractor and any engineer reports you may have independently obtained. The Department will investigate complaints concerning violations of the applicable Building Code and/or plan deviations. If a violation is discovered, a “Notice of Violation” (NOV) will be issued allowing thirty (30) days to correct the violation(s). Failing to comply with the NOV will result in further enforcement action against the developer/builder to achieve corrective measures for you.
Where Do I Start and What
Do I Need To Remodel My House or Business?
We ‘re Here to Help! Akouri Consulting Engineers would like to help protect you as well as to inform you of your rights and responsibilities during home renovations. These helpful hints are intended to make you aware of the
assistance we can offer. Why Do I Need a Building
Permit? Not only the law, but building permits can also protect you. With a building permit, you get the advice of plan reviewers and inspectors who will approve each phase of your project, checking to see that the work is done in accordance with Local Code. Zoning laws and the approved plans. Additionally, a building permit is required to show compliance with sanitary, safety and welfare concerns, including required setbacks from property lines and adjacent structures. Working without a permit, when one is required, can result
in fines and can cause problems when you sell your home.
More importantly, you lose the assurance that the work you’re paying
for is built to code, a minimum standard for safety. When Do I Need To Get A Permit? Permits are required for any new pools, structures or additions like screen enclosures, fences, sheds and carports or any new plumbing, electrical or mechanical air conditioning work. Also, exterior repair work like the replacement of windows, doors, siding or a new roof needs a permit. Interior renovations, like knocking down a wall or altering or repairing the electrical or plumbing system, including the replacement of a hot water heater or gas appliance, also require a permit. You DO NOT need a permit when you paint or wallpaper the interior of your home, install ceiling fan in an existing outlet, install portable playground equipment in your backyard, resurface a floor or other interior surface treatments. If you’re in doubt, check it out. Before you begin any home improvement, call the Permit
Records Section at your local City. How Do I Get A Building Permit? Building permits are issued in the name of the person performing the work. Only licensed contractors or owner/builder may obtain a permit. Owner/builder permits are limited to the construction of new single family residence or duplex every two years. However, owners can perform unlimited repairs to a single family residence for their own use and occupancy. Where Do I Get A Permit? Each municipality has its own Building Official who issues
building permits for work within that city’s limits. What Do I Need To Obtain A
Building Permit? Construction Plans Prepared by a Licensed Engineer or
Architect.
I
live in South Florida. A Permit Has Just Been Issued For Work To Be Performed On
My Property Are There Any Requirements I Need To Know About?
Florida’s Construction Lien Law
(Chapter 713, Part One, Florida Statutes) requires the recording of a notice of
Commencement with the Clerk of the Courts for real property improvements greater
than $2,500. This notice must be
signed by you, the property owner. Under Florida law, those who work on your property or provide materials and are not paid, have the right to enforce their claim for payment against your property. This claim is known as a construction lien. For your protection under the Construction Lien Law and to avoid the possibility of paying twice for improvement to real property, you must record a Notice of Commencement in the Clerk of the Court’s Office. The Notice of Commencement must be signed by you, the owner contracting the improvement, and not your agent. The Notice of Commencement must be completed and recorded
within 90 days before starting the work. A
copy is also to be posted on the job site. I Have Hired A Licensed
Contractor Who Has Obtained The Permit. Is
There Anything I Need To Know? Chapter 489 of the Florida Statutes require that contractors be licensed. The Building Code Compliance Regulates Licensed contractors and provides enforcement against unlicensed contractors. By calling the Contractor Licensing and Enforcement Section, you can be informed if there are any complaints against the contractor, wherever or not the contractor is licensed and whether the contractor has current liability and worker’s compensation insurance. Licensed contractors must have general liability and worker’s compensation insurance in effect at all times. It is also important to know that the 1995 Florida
Legislature created the “Homebuyer’s Protection Act” This Act amends
several sections of Florida Statutes and was effective October 1, 1995.
Most of the provisions are directed at commercial construction although
some are directed at general construction.
The following are some of the key provisions of the act.
Are There Any Early Warning Signs That I May Be Dealing
With An Unscrupulous Contractor? Yes. Early warning signs could include:
What Should I Do Before Making
A Final Payment To The Contractor? The Contractor should provide to you proof that all final inspections have been approved by the Building Department or provide a Certificate of Completion issued by the Building Department. If you want to verify that all inspection approvals have been obtained, you may call the Permit Records Section. Additionally, you should request final release of liens
from any individuals or firms who have provided labor, material or supplies,
especially those who have sent you a “Notice to Owner” letter. What If My Contractor
Abandons The Work Or If I Have A Complaint Regarding His/Her Performance? You can contact the Office of Building Code Compliance,
Contractor Licensing and Enforcement Section and file a complaint.
The Contractor Licensing and Enforcement Section will investigate and
work toward a resolution of the problem. If
the permit is active you should contact an Inspector by calling the Building
Department. However, it may be necessary for you to hire a new contractor
to complete the work or you may complete the work as an owner-builder, if you
qualify by passing a verbal test. What Responsibilities Do I Have
If I Obtained The Permit As An Owner-Builder? If you have obtained an owner-builder permit to perform
electrical, mechanical, plumbing or gas work, you must perform all work yourself
and you cannot subcontract or hire day labor employees.
If you are a holder of a building permit, you can subcontract to licensed
contractors, use day labor or persons to be paid on an hourly per diem basis for
the building trade. However, you
will be responsible for all work done by your employees.
Anyone contracting (including labor) with you, verbally or in writing, on
a fixed fee basis for any work, who is not properly licensed, will be subject to
a fine of $500 and/or imprisonment for six months.
Additionally, the hiring of an unlicensed contractor could subject you to
a $5,000 fine. Are There Any Additional
Insurance Requirements? You should be advised that if your day labor employees
cause any damage to persons or property, or if any of your day labor employees
are injured on the job, you are liable. Your
regular home insurance policy ordinarily DOES NOT cover this type of
liability. Please check with your
insurance agent. A Pool Is Being Constructed
On My Property. Am I Required To Erect A Safety Barrier? You are required to erect an approved safety barrier around
the property or pool, under a building permit obtained from the Building
Department, prior to final inspection of the pool. The safety barrier must also be inspected and approved by the
Building Department. Failure to
comply will result in the issuance of a $500 ticket to you the Property Owner. How Long Is My Permit Valid For
And Are Inspections Required? All construction work for which a permit is required shall be subject to inspection and approval by the Building Official. It is the responsibility of the permit holder to cause the work to remain accessible and exposed for inspection purposes. Permits will expire and become null and void if work
authorized by such permits has not commenced within 180 days from permit
issuance or has been suspended or abandoned at any time for a period of 180
days. If the permit holder is
unable to begin work and obtain an inspection within 180 days of permit issuance
and cannot continue to obtain at least one inspection every 180 days until
completion, he or she can avoid expiration of the permit by applying for a 180
day extension. Most Building Codes
allow for a single 180 day extension to be granted as long as the request is
made prior to permit expiration. For
more information on permit extensions call the Permit Records Section. Why Should I File A Notice Of
Commencement? For your protection under the Construction lien law and to avoid the possibility of paying twice for improvements to real property, you must record a notice of Commencement in the Clerk of the Court’s Office. You also must provide a certified copy of the recorded document at the construction site. The notice of Commencement must be signed by you, the owner contracting the improvements, and not your agent. The Notice of Commencement form must be completed and recorded within 90 days before starting the work. A copy of the payment bond, if any is required by you and purchased by the contractor, must be attached as part of the Notice of Commencement when recorded. If improvements described in the Notice of Commencement are not actually started within 90 days after the recording of the notice, a new Notice of Commencement must be recorded. You lose your protection under the Construction Lien Law if
payments are made to the contractor after the expiration of the Notice of
Commencement. The Notice is good
for one year after the recording date or up to the date specified on the form. Do I Have To Post The Notice Of
Commencement At The Job Site? By law, the Building Department is required to verify at
the first inspection, after the building permit is issued, that a certified copy
of the recorded Notice of commencement, with attached bonds if any, is posted at
the construction site. Failure to
show the inspector a certified copy of the recorded Notice will result in a
disapproved inspection. (Florida Statute 713.135(1) (d)). What Is
A Notice To Owner From Subcontractors And Suppliers? You may receive a Notice to Owner from subcontractors and material suppliers. This Notice advises you that the sender is providing services or material. Subcontractors and suppliers must serve a Notice to Owner within 45 days of commencement work to preserve their ability to lien your property. If your address changes from that given in the notice of
Commencement, you should record a corrected notice reflecting your current
address. This is done to help
ensure you will receive all notices. Why Do I Need To Obtain A
Release of lien From Contractor? Prior to paying the contractor, you need to receive a Release of lien and affidavit to the extent of payment from the general contractor. The release of lien and Affidavit shall state either that all the subcontractors and suppliers have been paid or list those unpaid and the amount owed. The contractor is required to list on the release of lien and Affidavit any subcontractor or supplier that has not been paid. That amount may be withheld from the contractor’s pay and paid directly to the subcontractors or suppliers after 10 days written notice to the contractor. If the balance due to the contractor is not sufficient to pay in full all subcontractors and suppliers listed on the contractor’s affidavit, you may wish to consult an attorney. The general contractor shall furnish a final release of
lien and Affidavit to the owner indicating all subcontractors and suppliers have
been paid at the time he requests final payment. You can rely on the affidavit in making final payment to the
general contractor. If you make
final payment to the general contractor without obtaining the affidavit, your
property can be liened for nonpayment if the general contractor fails to pay the
subcontractors or suppliers. You
should always obtain a Release of Lien and Affidavit from the contractor to the
extent of any payments being made. What If I Have A lender
Do I Still Have To Obtain A Notice Of Commencement? If you have a lender, you may rely on the lender to handle the recording of the Notice of Commencement. Learn more about the Construction lien Law by calling us, contacting an attorney, your lender, or the Florida Department of Agricultural Consumer services, division of Consumer Services. Why
Did I Fail My Inspection?
Five most common reasons
Building
Mechanical & Energy
Plumbing
Roofing
Why
Was My Plan Review Rejected?
Five Most Common Reasons
Building
Electrical
Mechanical & Energy
Plumbing
Roofing
Incomplete, missing one or more of the following:
Structural
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