C3 Building Solutions • June, 2021
by Ramie Elizondo
Declaration in Support of Application
Recently the City of Houston updated the enforcement of the Declaration in Support of Application forms. The new update requires the building owner (as listed on HCAD) to sign the document. This was instituted due to a rise in deed restriction violations and is required on every project. In the past, when a business entity owned the property, C3 Building Solutions could sign the form as an agent. This new requirement creates a significant challenge for commercial projects, as it can be difficult to obtain signatures from landowners and large developers.
There are a few exceptions with this new requirement related to the scope of work:
Demolition of a building
Repair of a building if the materials and method used for repair are substantially the same materials and methods utilized for construction
Interior remodeling of a building that does not change the building’s use and occupancy classification
Proof of Ownership
We have received questions related to new property ownership and how this affects the permitting process. If a property is currently pending sale and the new owner wants to start the permitting process, the ownership information on the application, declaration, and HCAD must match. If HCAD has not yet been updated to reflect the new owner, proof of ownership must be provided to the City of Houston.
For example, the new owner can sign the declaration as an agent for the current owner. A notarized letter from the current owner is required. This letter can authorize the new owner to sign the declaration on the current owner’s behalf. The declaration form, the notarized letter, and any other supporting information must be provided to the city.
Our Permit Unicorns are here for YOU
We are committed to keeping our clients up to date on changes at the City of Houston. Our goal is to assist you in every way possible to minimize the challenges these changes may create. Please reach out if you need assistance with this new process.