Which works need no construction permit: painting, roof sealing, changing windows

It is Chapter 3.2 of Joint Regulation No. 9473, inside the volume on permits for developments and businesses. It establishes when a Construction Permit is needed and what documents it requires, how demolition and urbanisation works are processed, which works are exempt — both those not even considered construction works and the minor ones — which public improvement works by agencies and municipalities are waived, and how a construction permit is transferred when the owner changes. A detail from the source we prefer to flag: the chapter is titled "Edificación y Conservación de Energía", but none of its rules is about energy conservation; energy efficiency is the subject of Chapter 3.3, the Permiso Verde one. The chapter also includes a rule on medical cannabis establishments, which, being a distinct subject, has its own guide.

A Construction Permit application is filed for any works contemplating one or more of these nine activities: construction, reconstruction, remodelling, demolition, urbanisation works, restoration, rehabilitation, expansion and alteration. As a general rule, every listed work requires obtaining a Construction Permit. The exceptions are two lists: activities not considered construction works, and exempt minor works, both conditioned on not forming part of another larger work or development that does require a permit. And a rule that surprises many: in light of the general public’s safety, the construction, restoration, reconstruction, expansion, alteration or remodelling of lifts and similar equipment requires a Construction Permit.

• For exempt minor works: filing an Exempt Works Application detailing the proposed works, so OGPe or the autonomous municipality determines whether they are considered exempt, with an explanatory memorial including at minimum the materials, the works’ estimated cost and a description of the works.Verified against the official source
• That the exempt work not form part of another larger work or development that does require a Construction Permit.Verified against the official source
• Where the work — exempt or not considered a construction work — is carried out in Historic Sites and Zones declared by the JP, the ICP or the Legislative Assembly, or in other special areas: obtaining the ICP’s authorisation through an archaeology and historic conservation recommendation request (SRA).Verified against the official source
• Paying the municipal excise taxes corresponding to exempt works; the regulation clarifies they are subject to municipal excise taxes but not to aranceles.Verified against the official source
• For a demolition: a certification that the structure to be demolished is free of asbestos material and lead-containing paint, signed and sealed by the inspector or risk assessor certified by the DRNA; and where such materials exist, obtaining the DRNA’s permits before applying for the Construction Permit.Verified against the official source
• For construction works: submitting the Final Determination of the Health and Fire Corps Recommendation, except single-family and two-family dwellings; and the Police’s where trade in or storage of explosives, weapons and ammunition is concerned.Verified against the official source
• To transfer a construction permit due to a change in the entity’s name or the property’s owner: a transfer application in the new owner’s or successor’s name, a copy of the issued permit, the corresponding payment and evidence of title.Verified against the official source

• For the Construction Permit: certified plans applicable to the works, with architectural and structural details, a situation plan and a location plan represented to scale, stating the scale used; and a floodability certification issued by the Planning Board.
• A certification on soil conditions, a subsoil conditions report or a soil study as applicable; evidence of formalising the workers’ insurance policy with the State Insurance Fund Corporation; evidence of compliance with municipal excise taxes; and information on the works’ start date, duration and direct jobs to be created.
• Evidence of filing the Recycling Plan with the DRNA; and for projects employing no more than ten people — full time, part time or a combination — the request for exemption from the Recycling Plan and evidence of having requested it.
• For demolition: the material the building is built of, its dimensions, its current use, the asbestos and lead certification, evidence of the Recycling Plan, and identification of whether the project contemplates seeking federal funds, permits, licences or guarantees, for which OGPe will request the OECH’s recommendation.
• For urbanisation works: the prior recommendation of the infrastructure Government Entities Concerned on availability and programming where a new or additional utility connection or an increase in existing capacity is required; the proposed grading plan with street gradients and the formation of slopes and walls; and the plan of the proposed recreational facilities on land to be devoted to park areas.
• For the Exempt Works Application: an explanatory memorial including, at minimum, the materials, the works’ estimated cost and a description of the works.

1. 1

   Step 1: The nine activities that do need a permit

   A Construction Permit application is filed for any works contemplating one or more of the following activities: construction, reconstruction, remodelling, demolition, urbanisation works, restoration, rehabilitation, expansion and alteration. The regulation adds three useful rules. A permit may be authorised to build more than one building per lot, provided the district’s parameters and the required parking are met. In light of the general public’s safety, the construction, restoration, reconstruction, expansion, alteration or remodelling of lifts and similar related equipment requires a Construction Permit. And the Construction Permit ends on submitting the Informe Final de Obras; where uses or licences are added or modified, the Permiso Único must then be filed.

2. 2

   Step 2: Thirteen things that are not construction works

   This is the list that settles most household doubts. The following works are not considered construction works and require no construction permit, provided they do not form part of another larger work or development. Painting existing buildings or structures. Roof sealing. Gardening work. Filling cracks, leaks and drips in the building or structure. Plastering — empañetado — existing concrete works. Installing or changing floor tiles, wall tiles, ceramic or any other floor or wall finish. Installing acoustic ceilings and light fittings. Installing, changing or replacing doors, windows or display cases. Installing equipment or relocating it where it does not entail installing structural, mechanical, plumbing or electrical elements. Installing kitchen and bathroom equipment or elements, on that same condition. Installing gypsum board walls and similar materials, on that same condition. Installing grilles and fences in cyclone fence, PVC, metal and similar materials, on that same condition. And asphalting existing streets, roads or car parks. Notice the common thread: as soon as the work touches the structural, mechanical, plumbing or electrical, it leaves this list.

3. 3

   Step 3: Ten exempt minor works

   Beyond the previous list, there are ten works that are works but are exempt from filing a Construction Permit, provided they do not form part of another work that does require one. Any construction whose elevation does not exceed one metre, measured from the ground’s natural level, provided it poses no structural risk and does not entail constructing or installing beams, rebar, columns, eaves, architectural, structural, support, load or bearing elements. Fences built under Rule 8.3.2. Constructing or repositioning interior partitions, provided no dwelling units additional to the existing ones are created, means of egress and structural or mechanical elements are not affected, and main plumbing discharge or vent pipes and main electrical and telecommunications distribution pipes are not installed or altered. Replacing old material with new of the same or similar class — wood for wood, zinc for zinc — in partitions, roofs and floors, which does not cover replacing load-bearing walls or concrete or masonry supporting elements. Installing cables, fibre optics or telecommunications ducts in existing easements, provided existing structures or infrastructure are not affected. Installing removable structures for agricultural uses where the connections for the necessary infrastructure exist. Architectural changes to façades, provided no structural alterations such as new columns, beams, load-bearing walls or new eaves are introduced. Simple replacements in plumbing, electrical distribution or telecommunications systems, consisting of changing or substituting equipment, pipes or fittings for new ones — any alteration adding or modifying main discharge or vent pipes, or changing the position of existing ones, requires obtaining a permit. Simple replacements in signs and advertisements. And works that, by provision of some law, are exempt from a Construction Permit.

4. 4

   Step 4: Exempt does not mean paperless

   This is where many people go wrong. The regulation requires filing an Exempt Works Application detailing the proposed works, so OGPe or the hierarchy I-III autonomous municipality determines whether they are considered exempt. That application must include an explanatory memorial with, at minimum, the materials, the works’ estimated cost and a description of the works. And it adds a fiscal point worth being clear about: works considered exempt from a permit under that section are subject to paying municipal excise taxes, but not aranceles. There is also a territorial condition applying to both lists: where the activity is to be carried out in Historic Sites and Zones so declared by the Planning Board, the Institute of Puerto Rican Culture or the Legislative Assembly, or in other special areas so established by regulation or resolution, the ICP’s authorisation must be obtained through an archaeology and historic conservation recommendation request.

5. 5

   Step 5: What the construction permit asks for

   If your work does need a permit, the list is long and worth seeing whole before starting. Certified plans applicable to the works, with architectural and structural details, a situation plan and a location plan represented to scale, stating the scale. A floodability certification issued by the Planning Board, and compliance with Planning Regulation No. 13 if the property sits in a flood-prone area under the Flood Insurance Rate Map. A certification on soil conditions, a subsoil report or a soil study as applicable. Evidence of formalising the workers’ insurance policy with the State Insurance Fund Corporation and of compliance with municipal excise taxes, both on initial approval of the application and in PDF. Information on the works’ start date, duration and direct jobs to be created. Evidence of filing the Recycling Plan with the DRNA — and if the project employs no more than ten people, the request for exemption from that plan and evidence of having sought it. The ICP’s written recommendation if the project is in a historic zone, traditional urban centre or archaeological site. The Tourism Company’s prior written recommendation if it is in a tourist interest zone. The Final Determination of the Health and Fire Corps Recommendation, except single-family and two-family dwellings. The Final Determination of the Police Recommendation if the works relate to trade in or storage of explosives, weapons and ammunition. And the municipality’s recommendation.

6. 6

   Step 6: Demolishing: asbestos and lead first

   Any activity including demolition is filed through a Construction Permit application and must meet specific requirements: stating the material the building or structure is built of, its dimensions and its current use; and a certification stating the structure to be demolished is free of asbestos material and lead-containing paint, signed and sealed by the inspector or risk assessor certified by the DRNA. Where such materials exist, the corresponding DRNA permits must be obtained before applying for the Construction Permit. If the project sits in a historic zone, traditional urban centre or archaeological site, the ICP’s written recommendation is needed before authorising the demolition. Evidence of the Recycling Plan must be filed with the DRNA. And every application must identify whether the project contemplates seeking federal funds, permits, licences or guarantees, for which OGPe will request the OECH’s recommendation.

7. 7

   Step 7: Urbanisation works

   Any activity including urbanisation works is also filed through the Construction Permit, with three specific requirements. For every application requiring a new or additional utility connection, or an increase in existing capacity, the applicant must have obtained a prior recommendation from the infrastructure Government Entities Concerned on the availability and programming for building infrastructure or basic services. A proposed grading plan showing street gradients and the formation of slopes and walls, where the works include paving and kerbing of roads, safety strips, street construction, local streets, turning lanes, slope formation, retention ponds or retaining walls. And a plan of the proposed recreational facilities on land to be devoted to park areas, stating their areas and delimitations, where cultural or recreational facilities are proposed.

8. 8

   Step 8: Exempted public improvements

   The chapter waives OGPe construction permits for the public improvement projects of several government entities, each with its own list of conditions and with the duty to ensure they are met. The DTOP and the ACT are waived for road construction, expansion, repair, repaving and improvements and those of their structures, safety infrastructure, signage and communications, toll collection systems, slope stabilisation and landslide correction, linear or bicycle paths, and projects akin to the agency’s function. The DRNA, for flood control works, with a professional certification, compliance with Chapter 2.7 on Certification of Works and Permits and a six-monthly digital report to OGPe. PRIDCO, for industrial buildings. The AAA or AFI, for rural aqueducts under Rule 9.6.3, filtration plants, dams, transmission lines, sewage treatment plants, sanitary mains and discharges, pump stations and pneumatic ejectors. The DRD, for recreational facilities. The Housing Department, for urbanisation works and housing buildings. And the AEE, for rural electrification, substations, sectionalisers, switchyards, generating plants, high-voltage and distribution lines, and rehabilitating the Public Irrigation System’s channels and siphons. Municipal public improvements for conservation and maintenance and other simple municipal projects are likewise waived, grouped into buildings, municipal roads and streets, and miscellaneous; note that for buildings, façade changes are waived only where the building is not designated a historic site and does not sit in a historic zone.

9. 9

   Step 9: Transferring the permit when the owner changes

   Where an entity’s name or a property’s owner changes, OGPe transfers the permit automatically to the new owner or entity, provided four things are submitted: the transfer application in the new owner’s or successor’s name, a copy of the issued construction permit being transferred, the corresponding payment and evidence of title. And the chapter closes with a useful transitional rule: no new permit is needed for structures whose construction was legally authorised as at the regulation’s effective date and carried out within the validity terms prescribed in the construction permit issued.

Before OGPe or the hierarchy I-III Autonomous Municipality, as applicable, filing through the SUI. The Exempt Works Application is filed with OGPe or the municipality so it determines whether the works are considered exempt. The floodability certification is issued by the Planning Board. The asbestos and lead certification is signed and sealed by the inspector or risk assessor certified by the DRNA, and the Recycling Plan is filed with the DRNA. The recommendation in historic zones, traditional urban centres and archaeological sites comes from the ICP; in tourist interest zones, from the Tourism Company. The Health, Fire and Police recommendations are handled under their own chapter, which has its own guide. And the permit transfer is carried out by OGPe.

• Believing "permit-exempt" means nothing must be filed: an Exempt Works Application is needed.
• Not paying the municipal excise taxes on an exempt work, which are owed even though aranceles are not.
• Using the exemption where the work forms part of another larger work or development that does need a permit.
• Moving a main discharge or vent pipe believing it is a simple replacement.
• Creating an additional dwelling unit with interior partitions and calling it exempt work.
• Painting or changing the façade in a historic zone without the ICP’s authorisation through an SRA.
• Demolishing without the asbestos and lead certification signed by a DRNA-certified assessor.
• Assuming remodelling a lift needs no permit: the regulation expressly requires one.

These are the government pages this guide is based on.

• Oficina de Gerencia de Permisos (OGPe)

  OGPe

  docs.pr.gov

• Permit Management Office

  ogpe

  ogpe.pr.gov