Right of Entry in Construction
Also referred to as the right of access, right of entry (RoE) is a type of legal term that provides certain entities or individuals with the ability to enter a site or property. This document typically places restrictions on how the property can be used. For construction projects, RoE is necessary to get the project off the ground and complete it on time.
An RoE provides contractors and construction teams with access to a site to complete all activities related to the project. Before you start a project, you should understand why RoE is important and the legal implications that are associated with this right.
In many construction projects, RoE is directly connected to permit expediting. The purpose of permit expediting is to help property owners and general contractors gain building permit approval without delay. If you don’t expedite the permit approval process, it could take weeks or months for the local building department to get back to you.
If you’re tasked with applying for a right-of-entry permit, you’ll likely receive it before or alongside your building permit. By obtaining assistance from a permit expediter, you should receive quick approval for these documents. The following explores the importance of an RoE in construction and the role permit expediting plays in the process.
The Importance of Right of Entry in Construction Projects
The RoE can be a significant factor in construction projects for everything from meeting timelines to maintaining compliance.
Site Investigation and Surveys
Before you begin construction, you must investigate the area and perform site surveys to identify the suitability of the property. During this process, you’ll also be able to identify potential issues and challenges that you’ll need to address. With the right of entry, your surveyors and engineers can enter the site legally, which means that they’ll be able to gather the necessary data without encountering any problems.
Material and Equipment Delivery
Whether you’re building a single-family home or a commercial office complex, you’ll need to receive a regular supply of equipment, machinery, and materials. With an RoE permit, these resources can be delivered to your site without legal obstacles getting in the way. Timely delivery of machinery and materials makes it easier for you to follow the original construction timeline.
Safe and Timely Construction
Authorized access to your site facilitates safe and efficient completion by making sure that no construction activities are delayed. Your construction teams will be able to meet their timelines, which should keep the entire project under budget.
Compliance with Regulations
No matter where you intend to complete the construction project, you must comply with local zoning laws, safety standards, and regulations. With an RoE permit in hand, you can be confident that all construction activities comply with these regulations.
Coordination and Communication
The success of a complex construction project often depends on communication between construction teams and stakeholders. Securing an RoE permit facilitates smooth communication and coordination between all parties, including property owners and construction companies.
How to Obtain Right of Entry for Construction Projects
While the requirements may vary based on location, the following guidelines can help you obtain an RoE for your upcoming construction project.
Identifying Property Owners
Identify the property owners and any other parties that have a vested interest in the land. You must communicate directly with the owner of the property to obtain their consent for ongoing site access. If the land is part of government property, you’ll need to apply for an RoE permit with the city or county building department.
Negotiating Terms
Before signing any contracts, you’ll need to negotiate access agreements with the property owner. Negotiating the terms and conditions for your RoE might take time. The terms that must be discussed during this process include the areas that you can use, restrictions on construction tasks, and duration of access.
Legal Agreements
Once the terms and conditions of the RoE have been set, it’s highly recommended that you formalize everything with a written agreement or an easement. Make sure the written agreement details the rights and responsibilities that each party has. If there are any liabilities that must be dealt with, they should be outlined in the agreement.
Securing Permits
After gaining the RoE, you can apply for the necessary permits and approvals from government bodies and local authorities. For example, your project will likely require a building permit.
If you don’t obtain this permit, any work you do will be illegal. The county can force you to tear down any unpermitted work you do. As touched upon previously, the RoE will be part of the permit approval process if the construction site that you need to access and use is part of public property.
Insurance and Liability
Make sure you assess risks and secure the appropriate coverage. If site access comes with any liability issues, these problems should be addressed before the project begins. If you ignore potential risks, accidents might occur during the construction period.
Environmental Considerations
Depending on where the project takes place, you might encounter restrictions related to sensitive environments. If your construction site is near protected areas or sensitive habitats, these regulations could effectively nullify your RoE.
Community Relations
You may also be tasked with communicating with nearby residents and properties about the construction project that you’re about to undertake. Minimizing disruptions is the goal, which is why it’s smart to address any concerns the community has at the onset of the project.
Legal Implications of Right of Entry
Your ability to obtain an RoE can have legal implications for the entire project. Address these implications before you finalize the RoE.
Liability and Insurance
The RoE agreement you sign should have a clear definition of insurance responsibilities and liability for every party. If an accident occurs or the site is damaged, this aspect of the agreement can protect yourself and all other parties.
Termination Clauses
You might want to consider adding termination clauses to the agreement as well. These clauses detail the various circumstances that allow the RoE to be terminated. Any party should be able to add termination clauses to the contract.
Indemnification
Indemnification clauses are also necessary to protect property owners from liabilities that might arise because of the various construction activities that occur on-site. These clauses can also apply to other stakeholders.
Dispute Resolution
This agreement should include methods for resolving disputes related to construction or site access. While there are many dispute resolution methods available to you, arbitration and mediation are used more than others.
Compliance with Laws
The RoE agreement must meet local and state regulations and laws. It will also need to comply with the relevant permitting requirements.
Link Between Right of Entry and Permit Expediting in Construction
The RoE agreement you sign is closely linked to the permit expediting process.
What Is Permit Expediting?
Permit expediting is a process that effectively fast-tracks permits for construction projects. When you hire a permit expediting firm, they’ll know how to navigate regulatory hurdles and obtain permits quickly. Along with handling all the paperwork, permit expediters also file applications, speak directly with local building officials, and guide their clients through the entire process.
Permit expediters are able to gain fast approval for permits, which should help you avoid expensive delays and keep your project within budget. During this process, expediters review construction drawings, research local building codes and zoning laws, address any concerns city officials have, and check permit applications for mistakes before they are submitted.
The Role of Right of Entry in the Permit Process
With an RoE, you’ll gain access to the site for everything from surveys to the final construction work. However, obtaining this document requires the right approach to negotiations as well as compliance with all local regulations. Securing a fast RoE should improve the efficiency of obtaining the necessary construction permits.
Benefits of Permit Expediting for Timely Project Execution
The purpose of permit expediting is to reduce delays and help keep projects on track. When you hire a permit expediter, they can alleviate your concerns by making sure that your application is comprehensive and accurate. They’ll also speak with local officials to ensure that the application is promptly processed. A single mistake can cause lengthy delays to the permit approval timeline, which is why you should obtain assistance from an expediter.
Streamlining Permitting and Access for Smooth Project Flow
The pre-construction process is often the most complex and time-consuming stage of a project. If a delay occurs during this stage, the project timeline could be extended by weeks or months. By aligning your RoE with a strong permit expediting strategy, you’ll be able to progress to the construction stage of your project quickly, which will make it easier for you to meet the proposed timeframe and stay within the allotted budget.
Conclusion
RoE agreements are often made before any other stage of the construction process is completed. Before you request building permits and conduct site surveys, you must have an agreement in hand that gives you the right to enter and use the site. To enhance project efficiency and success, utilize permit expediting and gain a better understanding of the legal requirements you’re expected to meet.
Jason Somers, President & Founder of Crest Real Estate
With over 15 years of professional experience in the Los Angeles luxury real estate market, Jason Somers has the background, judgement and track record to provide an unparalleled level of real estate services. His widespread knowledge helps clients identify and acquire income producing properties and value-ad development opportunities.
Learn more about Jason Somers or contact us.
