In most cases, other than limited liability contractors, such as pool installers, concrete work, landscaping, etc. A contractor must have a valid license from the Georgia Secretary of State. In most U.S. states, the law requires a construction contractor to apply for and receive a contractor’s license before accepting contracts.
Contractor licensing aims to ensure that every contractor working in the state has basic knowledge, competence, and financial stability. Additionally, a state-issued license helps ensure channels are available for clients, creditors, and governments to hold a contractor accountable in a dispute. Since contractor fraud is relatively common, confirming a licensed contractor is essential for creating accountability.
Contractor Qualifications for Georgia Secretary of State Contractors list the requirements for who can perform construction work under what license type.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the International Residential Code® for One- and Two-Family Dwellings (IRC) with Georgia Amendments, International Building Code® (IBC) with Georgia Amendments for Commercial Properties or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
Our contractor wants us to get the building permit for our construction in our name and says that is standard procedure. Does it matter whether the owner or the contractor pulls the building permit?
In general, we recommend that the state-licensed contractor apply for and obtain the permit. If you pull the permit in your (the owner’s) name, you become an owner-builder, at least with respect to our department issuing the permit. For Commercial Permitting, click “here”.
homeOwner-Builder
A homeowner may get a permit to perform construction on his/her own residence if the homeowner:
- Lives in the residence (the owner cannot self-perform for rental properties);
- Has not applied for a permit at another address within two years;
- Accepts inherent responsibilities for the work authorized by the approved permit;
- Agrees to hire properly licensed contractors (licensed in the state of Georgia) for any work that is not performed by the owner;
- Performs work in accordance with all applicable codes and strictly adheres to the inspection schedule; and
- Submits a signed, notarized Homeowner’s Affidavit and a copy of the applicant's driver's license. (Click here)
As an owner-builder, you may lose some of the legal protections construction clients receive from the local or state government.
The Fayette County Department of Building Safety will not issue a permit to an unlicensed contractor. Also, the person signing the permit application is the party responsible for passing all inspections and obtaining a Certificate of Occupancy.
A contractor who insists you take out the permit may be trying to avoid liability and responsibility for your job, which is not a good sign in most cases, so please be informed before pulling a permit in your name as a homeowner.