Legal Question in Construction Law in California

Construction start time

What is the LEGAL time for construction in a Apartment to start?


Asked on 11/10/08, 11:34 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Construction start time

You'll have to be more explicit as to what you want to know.......do you mean "How early in the morning can the ahmmering and sawing begin?" or "Can groundbreaking begin right after the building permit is issued?" or something else?

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Answered on 11/10/08, 12:44 pm
Krista Dawkins Pyka Lenhardt Schnaider

Re: Construction start time

The legally permissible time to start construction in an apartment is dependent on several factors and could touch on several different areas of the law including but not limited to: zoning and land use regulation, landlord/tenant law, and contract law. Within California there are very strict zoning regulations, especially in regards to residential housing. Construction will likely require various permits and/or licenses depending on the extent and specifics of the project. Landlord/tenant issues can arise when a leasing or other assignment situation exists related to minimum notice and accommodation standards, and the landlord�s general duty to reasonably maintain the premises and make repairs where default occurs. Additionally, when a landlord renovates rental units or common areas in buildings constructed before 1978, EPA regulations require current tenants receive lead hazard information at least 60 days before the renovation begins. There may also be other specific contract issues present. Some examples of this include outstanding construction contracts, leases, and common interest community or association agreements. As you can see, this issue can get very complex and I would recommend consulting an attorney about your individual case.

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Answered on 11/10/08, 7:05 pm


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