When applying for a building permit, if the owner contracted for the improvement, which statement is correct about checking the owner-builder box?

When applying for a building permit, if the owner contracted for the improvement, which statement is correct about checking the owner-builder box?

• A. Contractor may check the box
• B. Contractor must check the box
• C. Owner must check the box
• D. Contractor may not check the box

Answer: (D)

The owner-builder box is used to indicate that the owner will act as the contractor and personally perform (or supervise with unlicensed help) the work. If the owner has contracted the project out to a licensed contractor, the owner is not acting as the builder themselves, and the contractor is not the one who should designate owner-builder status. Therefore, the box should not be checked by the contractor in this situation. The owner would be the one to claim owner-builder status only if they were actually performing the work themselves; since a contractor is engaged, that designation isn’t appropriate, so the contractor may not check the box.

The owner-builder box is used to indicate that the owner will act as the contractor and personally perform (or supervise with unlicensed help) the work. If the owner has contracted the project out to a licensed contractor, the owner is not acting as the builder themselves, and the contractor is not the one who should designate owner-builder status. Therefore, the box should not be checked by the contractor in this situation. The owner would be the one to claim owner-builder status only if they were actually performing the work themselves; since a contractor is engaged, that designation isn’t appropriate, so the contractor may not check the box.