Can I Design and Stamp my Own House? 1

[bigmig]

Easy question....please no condemnation or ridicule.

Can a person design their own house, stamp it, and then have a 3rd party contractor build it?
I've seen other guys do it BUT they used a pal to stamp the design.

Thanks in advance.

 

[moltenmetal]

If you are competent to design and stamp it, the fact that it would be- for the timebeing at least- your own home, would not in and of itself be considered a conflict of interest.

Now if I as a chem eng tried to do that, I would not likely get away with it...nor should I. For instance, I retained a civil/structural to do the required steel design for my addition, even though it wasn't difficult.

 

[JAE]

Yes, you can engineer your own house and sign/seal the plans in the US. No comment on other countries as I don't know but can't imagine any reason why not.



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[Ron]

JAE is correct; however, check with your local building official. They hold the key.

 

[BUGGAR]

And you can also get a General Contractor's license (CA) and do your own design build. I've had two engineer bosses who did this. One was also a Geotech and did his own soils. I lugged the SPT weight around for him when work was slow.

 

[TehMightyEngineer]

I didn't think you needed a GC license for your own property, only for other peoples.

Professional Engineer (ME, NH, MA) Structural Engineer (IL)
American Concrete Industries

http://www.americanconcrete.com

 

[bigmig]

On a quick note that may help others, I spoke to my insurance company and they said that my professional insurance doesn't cover me designing my own house.
Something about I can't insure myself.

The said...."Correct, coverage would likely not apply for design errors if designing your own home. In other words, you cannot be liable to yourself and expect insurance to cover that. We will not put “what if” claims in writing, but coverage would likely not apply. - We run into this question a lot when people want to be their own GC when building a home to save money. Well, from an insurance perspective, that cannot be done, as the point of liability insurance is being liable to 3rd parties, not yourself. "

Just a point to consider.

 

[IRstuff]

That seems like an incomplete answer. What happens if you sell your house and the next owner sues you for something you designed?

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert!

https://www.youtube.com/watch?v=BKorP55Aqvg

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[TehMightyEngineer]

Just don't provide or certify anything to the buyer. Most homes are sold as-is so unless you went out of your way to specify that the house was "specially engineered" it shouldn't be any different from a normal house sale. There might be some risk from anything that was stamped and submitted to the AHJ but the risk seems so small I wouldn't worry about it. (Disclaimer: not a lawyer, just a homeowner)

Professional Engineer (ME, NH, MA) Structural Engineer (IL)
American Concrete Industries

http://www.americanconcrete.com

 

[JAE]

The question originally was "can I stamp my own house plans".

The answer is yes. There's no engineering practice law that I'm aware of that would prohibit this.
And most AHJ's will accept a stamp regardless of the Owner/Client being the engineer.

bigmig brings up the insurance and perhaps each insurance agency is different, but it may be that there is an issue with whether you can be protected if you sue yourself.
But the risk of that is small for most sentient persons possessing a PE license.

I also doubt that your insurance carrier would not cover you if you were the engineer-of-record AND the owner of the building if a 3rd party sued you for some reason...i.e. a later buyer/owner.



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[moltenmetal]

It's a basic principle of insurance that you can't be in a position to get net benefit from your own action or inaction. But I agree- it would be hard to imagine an insurance company trying to deny you coverage for a claim made by a FUTURE owner on a house you designed, merely because you owned it when you designed it. But of course that's a question for your insurer, to be answered in writing.

 

[HamburgerHelper]

Shouldn't there be some type of liability limiting policy? Car insurance is to limit liability. Companies buy packages to limit liabilities. Maybe you can't sue yourself but you can limit the impact of any litigation by a future owner.

 

[drawoh]

JAE and Ron,

What happens when Joe Handyman modifies his house and then sells it? For that matter, what happens if he attends a house flipping seminar, and he adds a second floor balcony to something without a building permit, or he modifies the wiring himself? The person on the hook would be the house inspector, would it not?

--
JHG

 

[MacGyverS2000]

LOL... house inspectors on the hook for something... <chuckle snort> that's a good one.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[JAE]

"What happens when Joe Handyman modifies his house and then sells it? "
[blue]If Joe is a PE, he can certainly design it - submit it for a construction permit, and build it. (the original question above)
If Joe is NOT a PE, for most US jurisdictions he can design it, submit it for a construction permit, and build it assuming it is allowed by the jurisdiction.
Either way, if Joe sells it, and something structurally goes wrong, the buyer can sue Joe assuming that Joe didn't disclose the issue prior to the sale.
If Joe is a PE, the buyer could also file a complaint with the local engineering board and that might end up with Joe losing his license or getting fined.[/blue]

"For that matter, what happens if he attends a house flipping seminar, and he adds a second floor balcony to something without a building permit, or he modifies the wiring himself?"
[blue]Without a building permit, he typically would be breaking the law. He might get fined or the local jurisdiction might tag the house until a professional of some sort reviews and approves the work."[/blue]

"The person on the hook would be the house inspector, would it not?"
[blue]<chuckle snort> that's a good one.[/blue]


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[drawoh]

LOL... house inspectors on the hook for something... <chuckle snort> that's a good one.

Here in Ontario, Canada, a friend of mine stopped inspecting houses because his insurance rates were too high. I don't know if he was full time or part time. The guy who actually inspected my house has been sued, although not by me. He won. You know what that means.

--
JHG

 

[buzzp]

It's your house, you don't need an engineer's stamp to build it just like you don't need a licensed electrician to do the work (you can do it and be within the law). However, your building permit may get held up if it is not stamped but I don't think this is a legal requirement if it is your house. Ask your local inspector.
As far as reselling, that might be another story but would be similar to the homeowner who redid the electrical in my recently purchased house and shared neutrals and even some breakers. It is not to code. However, there have been no fires yet (it is rewired now). I could hire a lawyer and suit them but the lawyer will probably cost me more than hiring an electrician to fix it. I think this scenario plays out a lot and I don't see it changing just cause the guy was an engineer (new homeowner would never know that for one). Legal issues with a new homeowner? Potentially but highly unlikely.

 

[JAE]

"It's your house, you don't need an engineer's stamp to build it..."

Depending on the size of the house, local laws, and location of the house that may not be true.
In our city, if a house is over a set size a professional seal is required.

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