A Denver man’s mistake with a building permit for his property is now snowballing into a much bigger problem — with no signs of stopping.
EJ Braquet built a pergola over his back patio in 2023 without a permit, mistakenly believing that the simple structure would not require permission from the city.
However, when a neighbor filed a report about the addition, the issue became more than just the pergola. Both his garage and shed were identified as code infringements by the city, and Braquet has now paid nearly $2,000 in fees, not to mention hundreds of hours dealing with the issue, and still hasn’t gotten a resolution.
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His story is an example of why it’s so critical to understand your city’s bylaws, including zoning, height limits, and any restrictions your HOA imposes. This can prevent a simple weekend DIY project from becoming a years-long headache.
‘I made a mistake’
Braquet built the pergola over his back patio for his aging mother, who was no longer able to visit the local park but wanted to be able to spend time outdoors.
He told local CBS News that he didn't have anything to hide, but didn't realize he needed a permit.
“I thought this was very similar to what you could buy at Costco and assemble yourself,” he said.
However, once the city began to investigate his property, their attention turned instead to the garage and the shed.
The garage was built by previous homeowners in the 1980s. The city has also requested that the small, pre-built shed be moved to a spot in Braquet’s backyard where a large tree currently stands. He was mandated to hire an architect, and has been working on getting his original pergola approved for two and a half years.
"I built this without a permit; I made a mistake. But where does the buck stop with the city?" he said .
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Why building permits matter
While the CBS News presenters said that Braquet's issue had everyone in the newsroom scratching their heads, his years-long trouble is a warning to other homeowners to look before you leap when it comes to any additions to your property (1).
Understanding your local laws is key to avoiding issues with violating city regulations. State and local laws differ. According to local law firm Hollington, permitting in Colorado is regulated by local communities, and differs from town to town (2).
Small outdoor structures like sheds often come with a laundry list of restrictions, particularly if your neighborhood is administered by a Home Owner Association (HOA). In addition to a building permit from your municipality, you should also seek approval from your HOA before you begin building. There can be restrictions on the size and height of these structures, minimum distance from your property line, and other placement considerations. Many HOAs, for example, will not allow you to place a shed where it will be visible from the street. They may also dictate that the color and style match the neighbourhood aesthetics (3).
How you can avoid headaches when making changes to your property
If you build on your property without a permit, you will likely receive an official notice of violation and an order to stop work from your local sheriff or city council. Most notices must be appealed within 30 days if you believe you’re within your rights (4).
In many cases, you may simply have to pay for the permit, a potential fine, and begin the inspection process. For more severe violations, you may have to remove or restore any changes you’ve made. However, consulting firms exist to help you plead your case with your town or city council, which can help reduce your fines and keep your property addition.
The easiest way to avoid a citation is to always check with your local council before beginning to build. This can prevent a fun DIY activity from becoming a major headache down the line, and can help you understand any additional codes you need to be aware of.
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Rebecca Holland is dedicated to creating clear, accessible advice for readers navigating the complexities of money management, investing and financial planning. Her work has been featured in respected publications including the Financial Post, The Globe & Mail, and the Edmonton Journal.
