120 sqft Colorado cabin = no permit?

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Small Cabin Forum / Properties / 120 sqft Colorado cabin = no permit?


Author	Message
Jakobud Member	# Posted: 7 Aug 2013 05:27pm Reply My family has some land in Gunnison County in Colorado. I've discovered recently that you can build a 120 sq ft cabin in Gunnison County and not need a building permit (as long as it's not over 120 sq ft). Does anyone have experience or knowledge about this loophole? When looking through Gunnison County's building permit page, they make it sound like it's a 120 sqft or less storage shed. Is it okay to make a storage shed a cabin and put beds and stuff in it? Does that void the no-permit-required status? What about if there is a sleeping loft in the cabin. Does that county oward the 120 sq ft and void the no-permit-required status? Foundations: If you have a permanent foundation, like concrete pillars, does that void the no-permit-required status? What about an exterior deck? Does that count toward the 120 sq ft (I don't think it does)? Can you run electricity to this storage shed as long as you have a proper electrical inspection done? Does adding electrical void the no-permit-required status? I can't really find any clear outlines or rules regarding this loophole on Colorado state or county websites, so if anyone could answer questions and/or point to sources of the rules I would appreciate it.

VTweekender Member	# Posted: 7 Aug 2013 05:47pm Reply Quoting: Jakobud Does anyone have experience or knowledge about this loophole? Can't use a shed as a cabin, so its not a loophole, but most will just camp in their "no permit" size shed on weekends...hopefully nice neighbors and a town thats not looking...

WY_mark Member	# Posted: 7 Aug 2013 07:28pm Reply I would give the county building dept a call, I've found the small county planners out here in the west to be extremely laid back and helpful. I'm not in gunnison county, but ultimately our building permit cost $75 and a $50 fee to get on the 911 service map. completely reasonable and I found the planner to be exceptionally helpful and pleasant to talk to.

ICC Member	# Posted: 8 Aug 2013 05:03pm Reply As has been noted there is no loophole to slip a cabin through. Sheds are what they mean, and by shed they do not mean for anyone to live in it at all. CO is not laid back when it comes to permits in the counties I am familiar with there. Slipping through the cracks might be possible. Depends on the neighbors and the diligence of the officials. If there are larger cabins or homes nearby that can be seen from public roads, those owners most likely went through the permit process. Many of those who have jumped through the hoops and paid the fees may not take kindly to someone building something w/o a permit.

bldginsp Member	# Posted: 10 Aug 2013 11:09am - Edited by: bldginsp Reply The technical issue is the 'occupancy' of the building. The 120 sq ft rule applies to 'U', or 'utility' occupancies, that is, a building used for storage. A building used for living is a different occupancy classification, called 'R'. So, you can build a 'storage' building up to 120 sq ft. without a permit and inspections. The code says you are still supposed to build it to code but since it won't be inspected, effectively, you can build anything you want. The foundation, or any other aspect of the construction, does not affect its classification. But, if you want to build over 120 sq ft, then your building must meet the requirements for the occupancy use that the building will be used for. The building official has the authority to say what a building is used for. So, if you build a 120 sq ft U occupancy storage building, but then the neighbors complain, then the building official will investigate. If they determine that the building is being used for a different use than a U occupancy storage building ( such as living in it), they will make you comply with the code- which means either abandoning using it to live in, or legalizing it as an R occupancy (if possible). Often if you build a 120 sq ft. storage building, you can get a permit to put electrical in it. But if you try to get a permit to put plumbing in it, the building department will probably think you intend to live in it. As ICC said, scope out your neighbors. If they don't care, build the 120 sq ft, keep a low profile, don't install plumbing and electrical, and you'll probably be okay. But it's always a bit of a risk, something hanging over your head. So, as suggested above, you might talk to the local department. You are not the first person to want to build an occasional use summer cabin. They may have a way for you to accomplish what you want, and what they feel they have to do, given the laws handed to them by the voters. Good luck