Owner / Builder Disclosure Statement
The Berkeley County Permitting Department is providing this disclosure statement to the undersigned owner/builder of residential property under the authority of the Code of Laws of the State of South Carolina, 1976, as amended by Title 40, Chapter 59, Article 1, and Section 40-59-260.
State law requires residential construction to be performed by licensed residential builders and registered specialty contractors. You have applied for a building permit under an exemption to the Law. This exemption allows you, as the owner of the property, to act as your own builder even though you do not have a license.
In accordance with the above State Law, you must promptly file this disclosure statement with the Register of Deeds, as a matter of public record, indexed under your name in the grantor’s index, stating that you, as an unlicensed builder constructed the residential building or structure. Failure to do so revokes the statutory exemption. In addition to the filing of this disclosure, you must follow the stated regulations below:
“You must supervise the construction yourself. You may build or improve any one-family or two- family residence. The building must be for your own use and occupancy. It may not be built for sale or rent. If you sell or rent the building you have built for yourself within two years after the construction is complete, the law will presume that you built it for sale or rent, which is in violation of this exemption. The restriction on the sale or rental of the building expires two years after construction is complete. You may not hire an unlicensed person as your residential builder or specialty contractor. It is your responsibility to make sure that people employed by you have the licenses required by state law and by Berkeley County’s licensing ordinances. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations.”
I understand that I am taking responsibility for this construction and Berkeley County will be unable to assist me if I wish to pursue any action against a contractor or company that I choose to hire.
