Legal Question in Construction Law in New Jersey

can homeowner do own as built on survey

is it leagal for a single family home owner to do their own as built on exhisting survey. I know it is leagle for them to do their own archetectual prints and they can do electrical, plumbing, carpentry etc. I have built a house entirely by myself and did do as built's in the past on my own land survey and it was accepted by the inspector in a previous home. I have a recent survey on my recent home but since then I have put on an addition two years ago, a survey was not required for the addition, since then my wife decided she would like a pool, the town inspector said he would accept me doing an as built on my survey so long as it is to scale but wasn't sure if zoning would accept it. so I called the state licensing board whitch stated it was a good question and no one at this time could answer. the addition is a simple sqaure off the original foot print of the house and dosn't even come close to the required setback of the proposed pool, I feel just as if I were doing my own electrical I would be signing off as the responsible party if somthing was wrong I would be responsible if in later year's I sold the property and a new survey was done and something was wrong I would be responsible to fix it or I wouldn't be able to close

Asked on 8/22/06, 3:36 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: can homeowner do own as built on survey

I have been representing homeowners and business owners for 23 years. I have represented a Zoning Board of Adjustment for over ten years in a town close to Allendale, where you are.

I have never heard of anyone being allowed to draw up a survey or plans for presenting to a Zoning Board of Adjustment to get variances. I would advise my Board to not accept such plans.

I think it is extremely foolish for you to try to draw your own plans. I have no idea whether your town will agree to let you do so. I think they would be foolish to accept such plans. Any error that you make could have a serious negative impact on you, your house, selling or refinancing your house, and also on your neighbors (which is why the Town, which is supposed to act on behalf of everyone in town, would be foolish to allow this).

I know you do not want to hear this. However, if you want a professional's assistance, I know of some fine and reasonably priced engineers and surveyors in our area.

I wish you the best of luck on your project.

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Answered on 8/23/06, 11:02 am

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