Owner/Builder Declaration

Hours: 7:30 am to 5:30 pm – Please call prior to 4:30 pm for all inspection requests.
Phone: (801)446-5327
building@herriman.org

When you declare yourself as owner-builder on your permit for any type of construction, you are acting as your own general contractor and are taking liability for all work done. That means you can:

  • do all the work yourself
  • utilize the help of family, friends and neighbors, as long as they are not paid a wage or a salary and you take all liability for their work
  • utilize employees of yours for whom you have worker’s compensation coverage and are withholding payroll taxes for
  • hire licensed sub-contractors to do all of the work, or any part of the work

The Division of Occupational and Professional Licensing (DOPL) regulates licensing laws for the State and closely monitors all construction projects with an owner-builder declaration on the building permit. You will be required to sign and have notarized an Owner-Builder Certification and Agreement to Comply form. Make sure you read and understand the form. Some of the restrictions you agree to are:

  • You are allowed to build only one (1) house in a calendar year
  • You are limited to build only three (3) houses in five years
  • You must actually live in the house for ‘a reasonable amount of time’

This form has to be notarized. The city usually has notaries available during working hours, call ahead to make sure. The city will use this form to register you with DOPL when the permit is issued. The registration will be done automatically by the city. You do not need to do the registration yourself. Please see the following link for the Utah State Laws regulating Owner-Builder. Once you open this link, scroll down to 58-55-305 Exemptions from licensure (http://le.utah.gov/xcode/Title58/Chapter55/58-55.html).

If you have further question regarding the owner-builder declaration or State laws governing contractors, contact DOPL at (801)530-6628, toll free at (866)275-3675 or www.dopl.utah.gov. Note: It is illegal to declare owner-builder on any commercial project.

 

For Owner-Builders of Single Family Dwellings:

Another form you will be required to sign and have notarized is the Homeowner Power to Panel Agreement. Signing this form allows the city to approve a meter set on the permanent power panel before the house has passed the final inspection. The inspection to clear power is usually done at the time of the Rough 4-Way inspection. We contact Rocky Mountain Power by email to give our clearance to set the meter. Be aware that in signing this form, you agree that the house will not be occupied until all final inspections are passed. Make sure you read and understand the conditions of this agreement and penalties for violations.

In addition to the two forms noted above, you will also need to sign the Homeowner Grading Agreement. This form states that the grading and drainage on the lot will comply with the drainage requirements of the individual lot, and the drainage plan for the subdivision. Any changes caused by installation of rock/masonry walls, landscaping, etc. either now or in the future cannot adversely affect drainage. You also agree to disclose what the drainage requirements are to any future owner of the property.

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