Construction Permission

Request recommendations and determination of environmental compliance from the San Juan Permits Office- Municipality

Agency: Permitting Office of the Autonomous Municipality of San Juan

BuildCo must submit a request to obtain environmental recommendations (REA) at the San Juan Permits Office. The office will send its final recommendations to OGPe who would then issue the environmental recommendations approval. This procedure is a prerequisite for obtaining the final occupancy permit.

Time and cost: 60 days, USD 400

Request and follow up to obtain recommendations from Natural and Environmental Resources Department

Agency: Office of Permits Management (OGPe) – Natural and Environmental Resources Department

BuildCo must obtain recommendations from the different agencies, which would be centralized by the Office of Permits Management (OGPe). After having received all the requests, OGPe would process each recommendation with the relevant agency and will notify BuildCo when all of them have been compiled.

As this is a transition process, many companies still make several visits, calls and follow-ups with the OGPe to obtain their final recommendations. Additionally, these recommendations are still filled by many architects at different times, increasing the cost they need to pay (USD 100.00 for each request).

When the process is fully implemented, it is expected that only one request for all recommendations would be necessary and each agency would have a maximum time limit to reply. At the end, BuildCo will receive its recommendation document via email.

Time and cost: 60 days, USD 100

Request and follow up to obtain recommendations from Puerto Rico Aqueduct and Sewer Authority (PRASA)

Agency: Office of Permits Management (OGPe) – Puerto Rico Aqueduct and Sewer Authority (PRASA)

BuildCo. requests and obtains recommendations from the utilities company.

Time and cost: 60 days, USD 100

Request and obtain preliminary development parameters “consulta de construccion” from the San Juan Permits Office

Agency: Permitting Office of the Autonomous Municipality of San Juan

Prior to filing the construction permit application, BuildCo must file a Preliminary Development Application/”Anteproyecto” Application with the San Juan Permits Office. San Juan is an autonomous municipality and for this reason, certain approvals must be requested with the San Juan Permits Office rather than with the Office of Permits Management (OGPe).

This filing is required to determine whether the project, as planned, complies with zoning and construction regulations of the Puerto Rico Planning Board and Municipality of San Juan’s Zoning Regulations.

Time and cost: 30 days, USD 100

Obtain results of geotechnical study / soil test

Agency: Private licensed company

BuildCo will request a soil test for the structural calculations for the foundation. Contractors ask for a soil test to ensure that the foundation of the building is solid. The engineer must understand the suitability of the soil for the proposed construction work. It allows to build a solid foundation and avoid structures to be damaged or collapsed or leaned.

Time and cost: 21 days, USD 5,000

Obtain results of topographical study

Agency: Private licensed company

A topographical study is conducted prior to construction to measure the levels on the specific terrain. It is a general technical requirement when building a structure of this class.

Time and cost: 14 days, USD 1,250

Request and follow up to obtain recommendations from PREPA (Electric Power Authority)

Agency: Office of Permits Management (OGPe) – PREPA (Electric Power Authority)

BuildCo. can request and obtain recommendations from the Electric Service Company.

Time and cost: 14 days, USD 100

Request and follow up to obtain recommendations from the Puerto Rico Institute of Culture (Instituto de Cultura de Puerto Rico)

Agency: Office of Permits Management (OGPe) – Puerto Rico Institute of Culture (Instituto de Cultura de Puerto Rico)

Since 2006, all construction to be built on an archeological site must be approved by the Puerto Rico Institute of Culture.

Phase I is initiated, and an inspector inspects the site at a cost of USD 100.00. If anything is found, Phase I-a starts, and the associated fee is USD 250.00, and so forth.

Assuming that the site is not archaeological (as in the Doing Business case study), the fees for this procedure would only be USD 100.00. This procedure is a prerequisite for obtaining the final occupancy permit. Since this is a parallel process, it can be simultaneous with the previous one.

Time and cost: 14 days, USD 100

Request and obtain fire recommendations from Authorized Professional and Inspector

Agency: Authorized Professional and Inspector

The Regulations of Construction Permits for Works and Land Use “Reglamento Conjunto de Permisos para Obras de Construcción y Usos de Terrenos” published in December 2010 introduces the option of hiring an Authorized Professional (AP) and Authorized Inspector (AI). Construction companies in Puerto Rico can now choose between hiring an authorized professional/inspector or having a government agency carry out the fire recommendations and the fire prevention and environmental health certificates.

In 2012, the government began providing certification courses and since June 2013 most construction companies in Puerto Rico use the Authorized Professional and Inspector because it takes less time.

Authorized Professionals and Inspectors charge approximately USD 250 for the fire recommendations. Moreover, there is a filing fee of $50 for fire recommendations according to “Orden Administrativa OGPe-2010-3”.

Time and cost: 5 days, USD 300

Buy stamps and pay to the College of Engineers and Architects

Agency: College of Engineers and Architects

The stamps can be obtained at the CIAPR Coop and several other Cooperatives along the island. Since this is a parallel process, not dealing in may matter with the previous one, it can be simultaneous.

Time and cost: 1 day, USD 1,065

Submit construction drawings for approval to the San Juan Permits Office and obtain preliminary approval

Agency: Office of Permits Management (OGPe)

Once all the above steps have been completed, BuildCo can now request the preliminary approval (licencia condicionada), as it is conditional on BuildCo paying the construction tax and the workers’ policy.

This procedure is regulated by the Reglamento de Certificación, Administrative Order2009-14. The OGPe grants a preliminary approval, which is necessary to register for the FSE and to pay the municipal tax (Development Right Transferral Program) on the building.

Time and cost: 60 days, USD 5,690

Obtain insurance policy from State Insurance Fund Corporation (CFSE)

Agency: State Insurance Fund Corporation

The State Insurance Fund Corporation issues a policy as evidence of workers’ compensation insurance required for the approval of a construction project. There is a fee schedule to estimate these costs.

Time and cost: 3 days, no charge

Pay municipal construction tax

Agency: Municipality

As provided by Municipal Ordinance No. 14, 2005-2006 Series, the current cost is 5% of the project value.

Time and cost: 1 day, USD 53,248

Obtain construction permit from the San Juan Permits Office

Agency: Permitting Office of the Autonomous Municipality of San Juan

After BuildCo pays the municipal construction tax and obtains the insurance policy, the Municipality of San Juan Permits Office issues the construction permit. Since the payments are needed, this cannot be a simultaneous procedure.

Time and cost: 7 days, no charge

Receive footing and foundation inspection

Agency: Office of Permits Management (OGPe)

According to the Building Code in Puerto Rico all construction projects are required to receive footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. As a consequence, this cannot be a simultaneous one.

1 day, no charge

Receive concrete slab and concrete components inspection

Agency: Office of Permits Management (OGPe)

According to the Building Code in Puerto Rico all construction projects are required to receive concrete slab and concrete components inspection. In particular, concrete slab, under-floor inspections and other components shall be made after reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. As a consequence, this cannot be a simultaneous one.

Time and cost: 1 day, no charge

Receive frame inspection

Agency: Office of Permits Management (OGPe)

According to the Building Code in Puerto Rico all construction projects are required to receive frame inspection. In particular, framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

Time and cost: 1 day, no charge

Receive masonry wall inspections

Agency: Office of Permits Management (OGPe)

According to the Building Code in Puerto Rico all construction projects are required to receive masonry wall inspections. In particular, inspections shall be made after masonry wall is in place with required reinforcements, conduit piping accessories and other ancillary equipment items are in place, but before any plastering or architectural specified coverings are placed. This stage is advanced in the construction. As a consequence, this cannot be a simultaneous one.

Time and cost: 1 day, no charge

Request and obtain fire prevention certificate and environmental health certificate from Authorized Professional and Inspector

Agency: Authorized Professional and Inspector

The Regulations of Construction Permits for Works and Land Use “Reglamento Conjunto de Permisos para Obras de Construcción y Usos de Terrenos” published in December 2010 introduces the option of hiring an Authorized Professional (AP) and Authorized Inspector (AI). Construction companies in Puerto Rico can now choose between hiring an authorized professional/inspector or having a government agency carry out the fire recommendations and the fire prevention and environmental health certificates.

In 2012, the government began providing certification courses and since June 2013 most construction companies in Puerto Rico use the Authorized Professional and Inspector because it takes less time.

Authorized Professionals and Inspectors charge approximately USD 250 for the fire prevention certificate. Moreover, there is a filing fee of $80 for this certificate according to “Orden Administrativa OGPe-2010-3”. They charge another USD 250 for the environmental health certificate and there is a filing fee of $35 for this certificate according to “Orden Administrativa OGPe-2010-3”.

Each certificate takes about 5 days to issue. As a consequence, this cannot be a simultaneous one.

Time and cost: 10 days, USD 615

Receive final inspection

Agency: Office of Permits Management (OGPe)

According to the Building Code in Puerto Rico all construction projects are required to receive a final inspection. As a consequence, this cannot be a simultaneous one.

Time and cost: 1 day, USD 300

Request and obtain water and sewage from Puerto Rico Aqueduct and Sewer Authority (PRASA)

Agency: Puerto Rico Aqueduct and Sewer Authority (PRASA)

BuildCo. requests and obtains water and sewage from the utility company. A final inspection should be conducted first. As a consequence, this cannot be a simultaneous one.

Time and cost: 21 days, USD 3,000

Request and obtain occupancy permit from the San Juan Permits Office

Agency: Permitting Office of the Autonomous Municipality of San Juan

A licensed engineer or architect is responsible for ensuring that the building is compliant with the regulations and permit outlines, and for supervising the project during construction (inspections). At the end of the construction, the architect files with the authorities all plans, a final cost evaluation, and reports from all inspections. The occupancy permit is then issued. As a consequence, this cannot be a simultaneous one.

Time and cost: 10 days, USD 100