Interpretation #6978
Published April 27, 2012
Original Request
- Code Version
- 2010
- Code
- BUILDING
- Code Description
- Building
- Chapter
- 1
- Section
- 105
- Topic
Question
Can a corporation that is the owner of house obtain an owner-builder permit for its house?
Answer Published 04/27/2012 at 4:43 PM
No. A corporation does not qualify as an owner/builder. The
owner builder exemption is only for a "natural" person. The
law states that the exemption is for "...Owners of property
when acting as their own contractor and providing direct,
onsite supervision themselves... for the occupancy or use
of such owners and not offered for sale or lease..."
owner builder exemption is only for a "natural" person. The
law states that the exemption is for "...Owners of property
when acting as their own contractor and providing direct,
onsite supervision themselves... for the occupancy or use
of such owners and not offered for sale or lease..."
Commentary
Attorney General Advisory Legal Opinion AGO 91-05, "A
corporation is a legal entity created by law separate and
distinct from the persons comprising it. [3] As an
artificial entity, a corporation may only act through its
agents.[4] While a corporation may own property, employ
individuals and enter into contracts,[5] it does not exist
personally to do so. A corporation does not physically
exist to construct or supervise the construction of a
building. Rather it must rely upon agents or employees to
carry out such functions. Such reliance excludes the
corporation from the owner/builder exemption in s. 489.103
(7), F.S., which states that it does not apply to any
person who is employed by an owner and acts in the capacity
of a contractor. Furthermore, a corporation lacks the
ability to personally appear and sign the building permit."