Appealing Denials of Construction Permits and Other Local Government Actions Under the New Jersey Uniform Construction Code and New Jersey Uniform Fire Code to New Jersey Construction Boards of Appeals
Under New Jersey construction law, each county must establish a construction board of appeals. A construction board of appeals hears the applications of any “person who is aggrieved by any ruling, action, notice, order or decision of a local enforcing agency that enforces either the New Jersey Uniform Construction Code or the New Jersey Uniform Fire Code, including, without limitation, any refusal to grant an application or any failure or refusal to act upon an application, but not including any order requiring the taking of emergency measures….” This is an important tool under New Jersey construction law to challenge wrongful denials by local authorities of building and construction applications.
Most county construction boards of appeals have websites with information about their locations, hours and local procedures. For example, the Passaic County Board of Construction Appeals can be found here. The Essex County Board of Construction Appeals can be found here. The Bergen County Board of Construction Appeals can be found here. The Monmouth County Board of Construction Appeals can be found here. The Morris County Board of Construction Appeals can be found here.
Appeals must be filed and received by the local county construction board of appeals within 15 days of receipt of the written notice of the action, ruling, notice or order which is to be appealed. While the law states 15 days from receipt, we recommend that appeals be received by the construction board of appeals within 15 days from the date on the notice to avoid any later dispute over the date of receipt and the possible rejection of the appeal as untimely.