FAQs • Brookline, MA • CivicEngage

When is a building permit necessary?: Any person seeking to construct, reconstruct, alter, repair, remove, or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provisions are made or is regulated by the 780 CMR Massachusetts State Building Code must first obtain a building permit from the Building Department. For more specific information see 780 CMR Section 105 Permits.

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Building Department

1. When is a building permit necessary?: Any person seeking to construct, reconstruct, alter, repair, remove, or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provisions are made or is regulated by the 780 CMR Massachusetts State Building Code must first obtain a building permit from the Building Department. For more specific information see 780 CMR Section 105 Permits.

2. Who can apply for a permit?: An application for a permit shall be made by the owner or lessee of the building or structure, or agent of either. If application is made by other than by the owner, the written authorization of the owner shall accompany the application.

3. Who can be issued a building permit?: A building permit can be issued to individuals that poses a valid construction supervisors license (780 CMR R5) and are registered as a Home Improvement Contractor (780 CMR R6, MGL ch142A). An unrestricted construction supervisors license is valid for buildings and structures containing less than 35,000 cubic feet. A Home Improvement contractor registration is generally required for any individual or corporation involved in the improvement of any existing building or structure containing one to four residential dwelling units.

4. Can a homeowner apply for and be issued a building permit?: Building permits are typically issued to construction supervisors licensed by the state. The state license is only valid for work involving structures of less than 35,000 cubic feet. As an exception to this requirement, building permits are also issued to homeowners doing work on one- or two-unit dwellings where they reside or intend to reside.

Please note that when homeowners are issued building permits, they may be liable for contractors working on their property and they are not eligible for protection under the provisions of the Homeowners Improvement Contractor Law.

5. Can a homeowner apply for any Wiring, Plumbing, or Gas permit?: No. All work associated with wiring, plumbing, or gas fitting must be performed by individuals licensed by the Commonwealth of Massachusetts.

6. What are the fees for building, wiring, plumbing, gas permits, and other building department functions?: Please visit the Permit and Fee Schedule page for more information.

7. Do the inspectors for the Building Department carry official identification?: Yes. All building department inspectors carry photo identification and badges.

8. Does a building permit expire?: Any building permit issued shall become invalid unless the work on the site authorized is commenced within 180 days after its issuance. The building official, upon written request, may issue extensions not exceeding 180 days each for a building permit.

Work under such a permit, in the opinion of the building official, must proceed in good faith continuously to completion so far as reasonably practicable under the circumstances. If the work on the site authorized is suspended or abandoned for a period of 180 days after the time the work is commenced the permit shall become invalid.

9. Who do I contact with questions regarding zoning (setbacks, frontage of area, pre-existing nonconforming structure, etc.)?: You may contact the Building Commissioner, Daniel F. Bennett, at 617-730-2100 during regular office hours to discuss specific issues.

10. Do I need a permit to install a shed?: Yes. The Town of Brookline Zoning By-Laws regulates sheds as "accessory structures" and therefore permits are required to determine compliance with zoning.

11. When do I need a certified plot plan?: Any proposal to construct a new building, structure, accessory structure (shed, tennis court, swimming pool, etc), or alter the footprint of any existing building or structure either vertically or horizontally, requires a certified plot plan be submitted with your building permit application.

12. Do I need a permit for a fence and what are the requirements?: Yes. Pursuant to the Town of Brookline Zoning By-Laws sections 5.52, 5.62, and 5.74, the maximum height of a fence is 7 feet in the side and rear yard and 6 feet in the front yard. A permit is also required for any fence used to as an enclosure for a swimming pool.

13. What is the process for applying for a building permit?: The process varies, depending on the scope of work for the project. At minimum a completed application, copy of required licenses, permit fee, insurance certificate, and accompanying plans are required to be submitted; in addition any supporting documentation required by the building code and/or town department approvals (e.g., Fire, Engineering, Water, Affidavits, Reports, etc.).

14. Can I receive a temporary Certificate of Occupancy?: A temporary certificate may be issued before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely prior to full completion of the building or structure without endangering life or public welfare. For specific information, see 780 CMR 111.3 Temporary Occupancy. There is a fee of $50 per month and a 3 month minimum for each temporary occupancy. For more detailed information regarding Certificate of Occupancy and Temporary Certification of Occupancy, please see 780 CMR 111 Certificate of Occupancy.

15. How long does it take to process a permit application?: Building Permit Applications generally take 7 to 10 days to review and approve. Larger commercial projects and new one and two family dwelling may take the full 30 days for review as allowed under 780 CMR 105.3.1 Action of Application.

Wiring, plumbing, and gas permit applications takes approximately 3 days to review and approve.

16. What are the hours a contractor can work?: The Town of Brookline has established a contractor or person for hire can work Monday through Friday, from 7 a.m. to 7 p.m., and Saturday through Sunday from 8:30 a.m. to 6 p.m.

17. Do I need a building permit for a driveway?: A building permit is required for the installation of driveways. The applicant shall complete building permit application, pay the fee, and provide photograph or a plans showing the existing or proposed driveway.

18. How do you apply for a sign or Facade Design Review?: The Town of Brookline has a Design Review Board that reviews all signage and exterior changes to commercial buildings multifamily residential buildings. An applicant must submit and complete a sign or Facade Design Review referral form to the Building and Planning Departments.

19. How do I appeal a building permit or a decision made by a Building Inspector?: An appeal must be made within 30 days from the date of an order or decision, by filing a notice of appeal, specifying the grounds of the appeal, with the Town Clerk.

20. Who do I contact about hooking up to town water, sewer, or drainage?: The Department of Public Works can be contacted at 617-730-2156 and can answer all questions on hooking up to town services.

21. How do I receive permission for a curb cut?: Curb cuts are regulated by the Zoning Bylaw and the Department of Public Works. Follow the instructions in the Curb Cut Procedure document.