Owner-builder affidavit

An owner-builder affidavit is the sworn statement an owner signs when pulling a permit in their own name rather than through a licensed contractor. It exists because the owner-builder exemption is a real exception to contractor licensing law, and the states that allow it want the owner to acknowledge in writing what they are taking on.

Where it applies in the lifecycle

Signed at Submission in most jurisdictions, as part of the application package. Some departments take it at issuance instead, at Permit issued, when the owner comes in to collect the permit.

What the owner is acknowledging

The specific text varies by state, but the substance is consistent:

• The owner is personally responsible for the work meeting code
• The owner assumes the duties of a contractor, including supervision
• Anyone hired to work on the project must themselves be licensed where the law requires it
• Hiring unlicensed labor can expose the owner to liability, including as an employer
• The exemption is limited, commonly to a primary residence, and often carries a restriction on selling the property for a period after completion

Notarization and appearance

The affidavit usually has to be notarized, and many jurisdictions require the owner to sign it in person in front of a department employee rather than accepting a mailed-in notarized copy. That requirement is what makes owner-builder permits awkward for out-of-state owners.