September 12, 2024
Source: Saiber Real Estate & Land Use Alert
On Thursday, August 22, 2024, Acting Governor Nicholas P. Scutari (D) signed into law the New Jersey Design Professional Self-Certification Act (A4360/S3402), a Bill that requires the establishment of a design professional self-certification program to be developed by the Department of Community Affairs (“DCA”).
The new program will allow approved architects and engineers to self-certify that construction application permits comply with the State Uniform Construction Code (UCC) and other applicable laws, streamlining an often-cumbersome permitting process. Under the program, “qualified design professionals” must satisfy certain DCA requirements set forth by the DCA commissioner. The Bill requires that municipal enforcing agencies accept an application for a construction permit, and the associated plans and specifications, that have been self-certified by a qualified design professional.
In addition, in an effort to enforce checks and balances, the Bill allows for the DCA to conduct random audits of qualified design professionals, to determine whether they are accurately complying with the UCC and other applicable laws.
New Jersey has long struggled to streamline the building permitting process in a state with extreme construction demands. The permitting process in New Jersey is often bogged down, waiting for municipalities to sign off on necessary paperwork and approvals. This legislation will help expedite the process, and eliminate the unnecessary burden placed upon the municipalities.
The Bill is to take effect on the first day of the fourth month next following enactment, except that the Bill allows the commissioner to take anticipatory administrative action in advance necessary to effectuate the Bill.
If you have any questions about the above alert, please contact Nino A. Coviello, Randi Schillinger, or Justin Calta of Saiber LLC’s real estate law practice group.
