How an architect can save you thousands before the closing.

There is more to doing a building renovation or buying, selling and leasing property than meets the eye. If changes or additions to structures are done illegally or without proper permits and adherence to zoning and code requirements, it can cost the owner thousands of dollars. These mistakes can also cause unnecessary delays and even jeopardize the closing.

In the last few years, both lending institutions and buyers have become more sophisticated when it comes to the purchase of a one-family dwelling and are not requiring Certificates of Occupancy and/or Certificates of Completion for all improvements on the property. All too often, this problem does not surface until your client is under contract to sell their house or commercial building. And then it can be too late.

For example, a major publisher of children's books on Long Island had expanded its offices in the six buildings they owned about ten years before deciding to sell them. After the publisher made a deal with the buyer, the attorney discovered the title report indicated some permits were open and numerous illegal additions and alterations had been made. Although the builders had said they would obtain the proper approvals and inspections prior to construction, they never did. This problem almost caused the deal to fall through.

To save the deal, the attorney consulted with an architect who took care of legalizing these changes. The architect updated the building in terms of providing proper fire protection and egress to meet code requirements, obtained permits, certificates, variances, approvals and documentation.

Unfortunately, the job was delayed about eight months costing the owner about $ 20,000 in architecture fees and $100,000 for construction. Retaining an architect before the renovation would have saved the owner 80% of the total costs.

In another scenario, when a dentist renovated his office, he hired a medical equipment company to do the office layout and construction. However, he didn't realize this would lead to unforeseen costs down the road due to incorrect installation of fire rated petitions, underground sanitary systems, electric services and many improper changes. Documents were also not filed appropriately.

Finally, the dentist consulted with an architect who obtained the permits, hired new contractors to complete the job and also served as an expert witness in a contract dispute. Because the architect was hired late in the game, the dentist still paid $25,000 worth of building violations that could have been avoided.

To head off these kinds of pitfalls, realtors and attorneys should ask their clients the following questions during the early stage of a project:

* Has any work occurred outside or inside the structure after the CO's have been issued?

* Do you plan to order a pre-purchased inspection by a licensed architect or engineer?

* Does the inspection include a zoning review?

* Do you have all your certificates of approvals/permits in written form and in hand before starting construction?

As the head of the building team (including engineers, contractors, etc.) an architect who understands aesthetics, structure and economics will guide you through the building process. Acting as an advisor and consultant, the architect can assist with the purchase, sale, leasing or renovation before making a costly and irreversible mistake. They can offer guidance to save money, identify existing zoning and building code violations and even prevent problems that may occur, especially with a change of building use or when trying to sell or buy a property.

By providing an analysis of zoning, building codes, and fire ordinances, the architect can advise as to uses and the type of building construction permitted. You might be aware that no two municipal zoning requirements are the same. For example, the building department in one county may not allow you to develop a nursing home or assisted living facility in a single family residential district but it could be approved in another county.

Many people are not aware of which professional has the authority to determine the requirements for a structural change. It is the architect. The contractor does not make these decisions and must rely on the architect's expertise, drawings and construction documents before going ahead with a project. The plans will set down the exact requirements so there are no surprises along the way.

Whether buying a home or commercial/industrial building, an architect should determine if the structure complies with the building code.

For instance, is there an updated permit for an addition to a deck first built 20 years ago? Does the dormer have adequate plumbing? If a garage has been converted to a living space, are there minimum fire exits and appropriate accessibility according to codes? Does the office area meet the off street parking requirements?

Consult with an architect when planning a major home renovation or making changes to the existing structure.

Obtaining approvals and proper permits are important services architects provide. If you're adding a pool or skylights, changing window or door sizes, you must have a permit. Architects know when to file, how to get a permit or variance if needed.

Today, more people are adding features such as ramps for handicapped accessibility in homes and commercial facilities. Complying with the codes dictated by the American With Disabilities Act is critical. Even hiring an architect for a few hours to guide you in the process and help determine whether you need a variance for setbacks or widening a doorway can help avoid costly mistakes in the long run.

An architect also assists with construction contracts by making sure they are standard and comprehensive to include:

* What work is to be provided

* Proper payment schedule based on the work performed

* Payment schedule for long lead items

* Clear, simple language

* Statement that final payments should be directly related to the issuance of certificates of completion or occupancy

Proper construction documents and specifications supplied by the architect are beneficial in obtaining bids from contractors. These drawings set down your exact requirements so you know exactly what you will get without any surprises.

In addition, the architect often negotiates to obtain construction labor and materials costs. Acting as the owner's representative, an architect should visit the site and observe the progress of all work acting as the owner's representative.

Even with the best contract and plans, things can still go wrong. An architect can be hired to serve as your expert witness, to review all technical matters with regard to as built work.

Jerry Cicciari, AIA, CSI, Architect, based in Commack, LI, provides a complete package of architectural and construction management consulting service for residential, commercial and industrial properties.