Section 7.17 Building Permits, Licenses, and Occupancy Permits

• Library: Local Government Deskbook (2017 Ed.)

V. (§7.17) Building Permits, Licenses, and Occupancy Permits

In regulating construction, local governments typically require a building permit before construction begins and a use and occupancy certificate before the completed structure is occupied. Periodic inspections by the local government are made during construction. In many municipalities, connection of utilities is not permitted until the use and occupancy certificate is issued. Licensing is used in enforcing other codes. For example, restaurants are often required to have a license to operate. When a periodic inspection reveals that the restaurant is not in compliance with the applicable code, the license can be suspended until there is compliance.

An example of a building permit controversy is State ex rel. McDonald’s Corp. v. Daly, 748 S.W.2d 51 (Mo. App. E.D. 1988). McDonald’s Corporation was refused a writ of mandamus that would have required the issuance of a building permit for a proposed restaurant to be located in a redevelopment area. While McDonald’s argued that it should not be forced to...