REAL ESTATE LAW UPDATE

June 2004

FEES AND TAXES ON NEW CONSTRUCTION
MAY BE MORE THAN YOU THINK

By Nathan B. Hannah


I know that for many people this topic has political overtones. I will do my best to not let my opinion show. I think most people would, however, be surprised to learn just how much of the cost of new construction in Pima County goes to government fees and taxes. My source is a study commissioned by the Southern Arizona Homebuilders Association (“SAHBA”).

Now, I know some people might question the objectivity of a study on this subject that was commissioned by SAHBA. Even if their objectivity might be questioned, however, it seems doubtful that SAHBA would release an inaccurate study on this subject, since it would be fairly easy to check the figures. The figures come from readily available government sources. Because anyone who wanted to check the accuracy of the figures could compile the data themselves, it wouldn’t make much sense for the people who did the study to fudge the figures. All that would do is hurt their credibility, and that of SAHBA, on anything else they do.

You probably know that people have differing opinions on whether the fees and taxes on new homes should be lower, or higher. The debate is sometimes cast in terms of whether population growth does or does not, or should or should not, “pay its own way.” And of course there are many different ways of calculating the “cost” of population growth in terms of public infrastructure, services, and amenities.

Although I have not done any research on the fees and taxes imposed on new construction elsewhere, such fees and taxes are almost certainly imposed everywhere in the United States. There are undoubtedly places where the total of the fees and taxes on each new home is lower than in Pima County, and places where the total is higher. Comparisons to other counties in Arizona, and especially to other states, are probably not particularly meaningful because of variables such as the cost of land, the cost of labor, how much infrastructure already exists, and other factors that will change dramatically from locale to locale.

With that as background, here are the figures: as of February 2004, the total fees and taxes on a median priced new home ranged from just over $12,000 in the Town of Sahuarita to nearly $18,000 in the Town of Marana. The median price of a new home in Pima County in February 2004 was $169,294, according to the study. The totals of fees and taxes for the City of Tucson, unincorporated Pima County, and the Town of Oro Valley were between those for Sahuarita and Marana.

I was surprised by those figures. They tell me that in general, the fees and taxes on a new home account for more than ten percent of the purchase price. I would not have guessed that the percentage would be that high.

The fees and taxes fall into two categories: those that are a fixed amount for each building or lot, and those based on the value of the building. The value based fees and taxes are building permit, fees and sales taxes. The fixed fees are for connecting to the public water and waste water systems.

Then there are the much discussed “impact fees,” which are usually fixed fees supposedly earmarked for infrastructure like roads and parks that must be built to serve the new homes. Impact fees are now imposed by all of the local jurisdictions except the Town of Sahuarita and the City of Tucson. The Tucson City Council is currently considering an impact fee proposal.

No one is suggesting that there shouldn’t be fees for building permits and water and sewer connections. Some folks may question the amount of those fees (over $2,000 for a building permit in many cases) and whether impact fees should be imposed. My point in this discussion is that any meaningful dialogue about whether the taxes and fees on a new home should be lower or higher cannot begin, it seems to me, until everyone is better educated on exactly what those taxes and fees are, how the amounts are determined, and where the money goes.

I can’t resist pointing out one other little-known fact that has a bearing on the amount of fees and taxes on a new home: did you know that there is a nine-story building in downtown Tucson, the City-County Public Works Building, that is entirely occupied by the city and county departments that oversee construction in Tucson and Pima County? And that doesn’t even include the towns of Marana, Oro Valley, and Sahuarita!


 

This communication is designed to bring legal developments of interest to the attention of our clients and others. It should not be relied upon as a substitute for specific legal advice in a particular matter. For further information on any of the subjects discussed, or for legal advice in connection with any particular matter, please contact us.
 
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