Homeowner pulling their own permit (owner-builder exemption)
100 Ann Edwards Lane, Mount Pleasant, SC 29464
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Published byTown of Mount Pleasant
Town FAQ: "Yes, but some circumstances may prohibit it. State law requires residential construction be done by a licensed contractor, however, you can claim exemption to this law by completing the attached Non-Licensed Builder Disclosure. This affidavit must be recorded at the Records of Deeds Office (ROD Office) before a permit can be issued. It will be your responsibility to ensure that people employed by you have licenses required by state law and obtain required municipal licensing or specific permits as required. You must supervise the construction yourself. However, if the property is deeded to a Trust, LLC, Inc. or other like entities, then the option to be an Owner Builder does not apply." The disclosure text the Town reproduces is from S.C. Code § 40-59-260 and includes: "You may build or improve a one-family or two-family residence. The building must be for your own use and occupancy. It may not be built for sale or rent. If you sell or rent a building you have built yourself within two years after the construction is complete, the law will presume that you built it for sale or rent, which is a violation of this exemption. You may not hire an unlicensed person as your residential builder or specialty contractor." The Town also cites section E of that statute: failure to promptly file the notice with the register of deeds, indexed under the owner's name in the grantor's index, "revokes the statutory exemption." Form: "Non-Licensed Owner's Intent to Build," recorded with the Charleston County Register of Deeds. The Town adds a caution: "If a contractor asks you as the homeowner to obtain the permit, we advise that you reconsider."
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