House Bill No. 7046 / Public Act No. 17-176.
Effective October 1, 2017
This act automatically closes certain open building permits nine years after a municipality issues them if a certificate of occupancy has not been granted. The automatic closure applies to open building permits to construct or alter one- or two-family dwellings or structures located on a parcel with such a dwelling. Under the act, “structure” has the same meaning as it does in the permit-issuing municipality’s zoning regulations. If not defined locally, the act defines a “structure” as any combination of materials that is affixed to land, including a shed, garage, sign, fence, wall, pool, patio, tennis court, or deck.
Under the act, automatic closure serves as a bar to enforcement actions based on work started or completed pursuant to an open building permit. Municipalities and their officers and employees are not liable with respect to any claim related to the automatic closure of a building permit.