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 contractor takes out the building permit?
In general, we recommend that you have the state-licensed contractor apply for and receive the permit. If you take out the permit in your (the owner’s) name, then you become an owner-builder, at least with respect to our department issuing the permit. For Commercial Permitting, click “here”.
Owner-Builder
As an owner-builder, you may lose some of the legal protections provided to construction clients by the local or state government.
Fayette County Department of Building Safety will not issue a permit to a contractor who is not properly licensed. 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 that you take out the permit may be trying to avoid liability and responsibility for your job – not a good sign in most cases, so please be informed before pulling a permit in your name as a homeowner.