To file a Notice of Commencement, gather the property’s legal description and project details, complete your county or state’s official form, sign it before a notary, record it with the county recorder before any physical work begins, and post a certified copy at the job site. Here is how to file a Notice of Commencement correctly, from the information you need to collect through the day you terminate the filing at project completion.
Confirm Your State Requires One
About a dozen states require or recognize a Notice of Commencement. Most states don’t mention the document in their lien laws at all. Among those that do, some mandate it before any physical work begins, a few make it optional, at least one limits the requirement to residential projects, and another applies it only to public jobs. Some jurisdictions set a cost threshold below which no NOC is needed; others require it for virtually any improvement to real property.
Check your state’s mechanics lien statute and the county recorder’s office for the rules that apply to your project. If your building department asks for proof of a recorded NOC before issuing a permit, that is a strong signal your state requires one. Filing an NOC when one isn’t legally required is itself a mistake in some jurisdictions, where recording the document for certain project types (such as subdivision site work) is prohibited and can create preliminary notice obligations the owner didn’t intend to trigger.
Information to Gather Before You Start
Collecting everything before you sit down with the form prevents the errors that most often make an NOC legally defective.
- The property’s full legal description from the deed or title commitment, including lot number, block, subdivision name, and plat book reference. Not the street address.
- The street address and the tax folio or parcel number assigned by the county property appraiser.
- The owner’s full legal name, mailing address, and the nature of the owner’s interest. A tenant making improvements under a lease is listed as the owner with a leasehold interest, not the landlord.
- The general contractor’s full legal name and address. If there are multiple prime contractors, some states require listing all of them.
- The construction lender’s name and address, if the project is financed.
- The surety company’s name, address, and bond amount, if a payment bond exists.
- A brief but specific project description. “Kitchen remodel” or “new single-family residence” works; “improvements” does not.
- A designated in-state agent for service, if your form includes that field. Fill it in especially when the owner lives out of state.
Filling Out the Form
Use the official form from your county recorder, building department, or state statute rather than a generic template. The fields are mostly self-explanatory once you have the information above, but a few spots cause the majority of problems.
The legal description is where most errors happen. Don’t paraphrase or abbreviate the deed language. Copy it character for character, including punctuation and reference numbers. If the description is long, attach it as an exhibit and reference the exhibit on the form. A legal description that doesn’t match the deed can render the entire NOC ineffective.
The expiration date field catches people off guard. In most states that use this field, the NOC expires one year from recording unless you specify a longer period. If the project will run past a year, state the extended completion period on the form. Leaving the field blank defaults to one year, and an expired NOC creates serious payment complications. If the project will wrap up in a few months, there is no advantage to setting a longer window; a shorter effective period means potential lien claims close out sooner.
Include the building permit number if the permit has been issued. If it hasn’t, check whether your county allows you to add it later through an amendment.
Owner identification is the other place filings go wrong. If you’re a tenant doing a build-out, list yourself as the owner, note the leasehold interest, and identify the fee simple owner separately. Listing the landlord in the owner field misdirects lien claims and can leave your interest exposed.
Signing and Notarizing
The property owner signs the NOC. In states that require the document in affidavit form, the owner signs under oath before a notary public. A general contractor or authorized agent can sign on the owner’s behalf in some states, but only with proper written authorization. If you are a contractor signing for an absent owner, confirm your state allows it and keep the authorization letter in your project file.
Notarization is required in virtually every state that mandates an NOC. Schedule the notary before you are under deadline pressure. The county recorder will reject an unnotarized document, and resubmitting costs time and potentially a second filing fee. Notary fees typically range from a few dollars to around $25 depending on your state’s fee schedule.
Recording the Document With the County
Record the signed, notarized NOC with the county recorder’s office or clerk of court in the county where the property is located. Some counties accept electronic filing; others require an in-person visit or mailing. Call ahead or check the recorder’s website for accepted formats and payment methods.
Recording fees generally run from about $10 to $30 for the first page, with additional per-page charges for longer documents. Certified copies cost a small additional fee. Request at least two or three certified copies when you record: one for job site posting, one for your records, and one for the general contractor.
Timing is strict. Most states that require an NOC mandate that it be recorded before any physical work begins on the property. A handful allow a short window after construction starts, such as 10 to 15 days. In at least one state, if construction doesn’t actually begin within 90 days after recording, the NOC becomes void and you’d need to file a new one. Coordinate with your contractor on the actual start date, record with enough lead time to absorb county processing delays, and don’t record months before a project that isn’t scheduled.
Posting at the Job Site
Recording at the courthouse is only half the job. Most states also require the owner to post a certified copy of the recorded NOC, or a notarized statement confirming the NOC has been filed, in a conspicuous location at the construction site. The document needs to be visible to every subcontractor, supplier, and laborer who sets foot on the property.
Post it near the main entrance, on a permit board, or in a construction trailer where workers check in. The copy needs to survive weather and foot traffic for the duration of the project. Laminating it or using a protective sleeve is worth the minor effort. If the posted copy disappears or becomes illegible, replace it immediately.
Subcontractors and suppliers who request a copy of the NOC are entitled to one. Some states require the general contractor to provide copies to anyone who asks in writing, and failing to do so within a set number of days can strip the NOC’s protections from the requesting party.
Tracking Expiration and Filing Amendments
The NOC doesn’t last forever. In most states it expires one year from recording unless the form specifies a longer period tied to the project’s completion timeline. After expiration, payments the owner makes to the contractor may be considered improper, which means the owner can end up liable to unpaid subcontractors and suppliers even after paying the general contractor in full. That is the “paying twice” scenario owners are trying to avoid in the first place.
If construction will run past the expiration date, record an amendment extending the NOC before the original expires. The amendment references the original recording information, is signed by the owner, and is notarized. You cannot revive an NOC that has already expired. Once it lapses, you file a new one, which creates a coverage gap that complicates lien rights across the project. Put the expiration on a calendar with a 60-day advance reminder.
Project details also change. A lender gets added, someone notices a typo in the legal description, or a contractor is replaced. Most states allow you to amend the NOC by recording an amended notice that references the original filing. Replacing the general contractor often requires more than a simple amendment: in several states, swapping contractors means filing an entirely new NOC or a “notice of recommencement,” which can reset lien deadlines for everyone on the project.
After recording an amendment, the owner is generally required to notify every party who previously sent a preliminary notice or notice to owner, plus anyone who sends one within a set period after the amendment. Skip that step and affected parties lose access to the updated project information they need to protect their lien rights.
Terminating the NOC at Project Completion
When the project is finished and every lienor has been paid, record a Notice of Termination to formally end the NOC’s effective period. Leaving an active NOC on the public record after completion invites lien claims that shouldn’t exist and can complicate future sales or refinancing.
A Notice of Termination typically contains the same information as the original NOC, the recording reference numbers of the original, a statement that all lienors have been paid in full, and the date on which the termination takes effect. The effective date usually cannot be earlier than 30 days after the termination is recorded, giving subcontractors and suppliers a final window to assert remaining claims.
Before recording, the owner generally serves a copy of the termination on every party with a direct contract with the owner and every party who sent a preliminary notice. The general contractor’s final payment affidavit, certifying that all subcontractors and suppliers have been paid, often accompanies the filing. A fraudulent Notice of Termination, such as one that falsely claims everyone has been paid, exposes the owner and contractor to liability for damages to any unpaid lienor.
Mistakes That Can Void the Filing
Four errors account for most defective NOCs.
Listing the wrong party as the owner. A tenant making improvements to a leased space is the owner for NOC purposes. Getting that backward directs lien claims at the landlord’s property interest when the tenant is responsible.
Copying the legal description incorrectly. Transposing a lot number, omitting a subdivision reference, or shortening a metes-and-bounds description can make the NOC legally insufficient. Always copy from the deed or title commitment, never from memory or a prior document that may already contain an error.
Missing the filing deadline. If your state requires the NOC before construction begins and the contractor pours footings before you’ve recorded, the NOC may be void from the start. This is the one mistake you cannot fix retroactively.
Filing when the law doesn’t allow it. In some jurisdictions, recording an NOC for certain project types is explicitly prohibited. An unnecessary NOC can trigger preliminary notice requirements that wouldn’t otherwise apply, creating obligations the owner didn’t mean to impose.