PA 17-176—HB 7046

Planning and Development Committee

AN ACT CONCERNING THE CLOSURE OF CERTAIN BUILDING PERMITS

SUMMARY: This act automatically closes certain open building permits nine years after a municipality issues them if a certificate of occupancy has not been granted. The automatic closure applies to open building permits to construct or alter one- or two-family dwellings or structures located on a parcel with such a dwelling. Under the act, “structure” has the same meaning as it does in the permit-issuing municipality's zoning regulations. If not defined locally, the act defines a “structure” as any combination of materials that is affixed to land, including a shed, garage, sign, fence, wall, pool, patio, tennis court, or deck.

Under the act, automatic closure serves as a bar to enforcement actions based on work started or completed pursuant to an open building permit. Municipalities and their officers and employees are not liable with respect to any claim related to the automatic closure of a building permit.

Under existing law, if a single family dwelling is constructed or altered in violation of the building code or the certificate of occupancy was never issued, a municipality cannot require the removal, alteration, or abandonment of the dwelling more than six years after it is occupied following substantial completion or alteration, unless necessary to protect property or life (CGS 29-265).

EFFECTIVE DATE: October 1, 2017