Protect your investment: Don’t let your permits expire
Something came up in your life. Your financial situation changed. You want to hold out in the hopes that interest rates dip.
A million things can happen between starting permitting to when you’re ready to pull the trigger and build.
Whether you’re a homeowner or a contractor managing a development project, your permits and entitlements are the backbone of your investment. They represent months (often years) of planning, fees, and coordination. Losing them to an expiration date can set your project back significantly. Sadly, it happens more than you’d think. Building permits, land use approvals, conditional use permits, variances, and design review approvals all come with expiration dates. If you’re not paying attention, your hard-earned approval can quietly lapse, forcing you to start the process over.
With these few small steps, you can protect the investment you’ve made.
Know what you have and when it expires.
Every permit or land use entitlement has a life span. This includes permits that are being actively reviewed, where you received a request for information or a notice of incomplete application, and the ball is in your court to respond. (Yes, these expire, too.) Track your permit expirations and set calendar reminders for yourself.
Building permits often expire within a set time if work hasn’t started or if there’s no inspection activity.
Planning or land use approvals may have longer validity periods — some up to five years — but require that you “vest” them by obtaining a building permit or beginning substantial construction before expiration.
When you receive an approval, note the exact expiration date on your calendar and set multiple reminders: 1 month out, 1 week out, 1 day out. This simple habit can save you thousands of dollars in reapplication fees and months of delay.
Request extensions before they expire.
Most cities and counties will give you an extension. You can sometimes negotiate a reasonable extension period with your assigned planner. This might be a form or an email to the assigned planner, depending on the jurisdiction’s process. While every city and county has a slightly different policy, you can generally assume you will be granted an extension as long as you make the ask before the permit or application expires.
Most cities and counties allow one or more extensions of time, but you must request them before your approval expires.
Extension requests typically need to be filed in writing with the planning or building department.
Some jurisdictions require additional findings or fees; others may grant them at no cost.
If you miss the deadline, you lose the right to extend, even if your delay was due to financing, design revisions, or contractor scheduling.
When buying property, read the fine print on entitlements
If you’re purchasing a property with existing land use entitlements, don’t assume those are still valid.
Before closing:
Ask for copies of all planning approvals, conditions of approval, and building permits.
Verify expiration dates directly with the city or county.
Check whether the approvals are transferable or tied to a specific owner or use.
You might discover that the permit is about to expire. A quick due diligence check can save you from inheriting a lapsed entitlement.
This summer, I completed a feasibility for clients who had a property under contract. They wanted to do an infill development. The property was advertised in the listing as having an approved short plat land use permit. And it did! But my first stop was to read that permit and identify that the subdivision had to be recorded in 2 months. A tall order, and not one I would gamble on.
Permits and entitlements are perishable assets. Treat them like you would an insurance policy or financial contract. A correctly-timed extension request and diligent tracking can be the difference between moving forward or starting from scratch.
If you’re unsure about your project’s expiration dates or options for extension, consult your local planning department or a land use consultant.
