Partially built kits and the 51% rule... who draws the line ??

[JVSANTOSMD]

I am about to purchase a kit, either new or ..." complete kit, already started, some work done"...
Who draws the line on how much I get credited for construction, and therefore "builder" ??
I can see where an already flying project cannot be claimed, but, there are several interesting offers for
"some work done" kits that look appealing and at a very tempting price.
H E L P !!!

[Anymouse]

If the "Some work done" stuff has been done by an amateur, then it counts the same as if you had done it yourself.

Where you'll run into trouble is if some of that work had been done by a professional (for hire).

[JVSANTOSMD]

Still some doubts here: If an honest to goodness amateur builds a kit to nearly complete but never gets to fly it, and sells it...can the buyer be considered the builder? What about the "factory assist programs" many kits offer? Does that count as "for hire" ??
There are several kits out there at about 70 to 90% completed, except paint, interiors, paint and powerplant.
And most important: do I need a written statement from the FAA as to the build stage BEFORE I buy a started kit ?

[martymayes]

There is absolutely nothing that says one builder has to build any percentage of a homebuilt. The requirement is that the major portion has to be fabricated and assembled by a person (or persons) for recreation and/or education. 99 people can participate in the building of a homebuilt and each can build 1%. One guy will be the primary builder and put his name on the paperwork. I suggest downloading a copy of AC 20-27g: http://www.faa.gov/documentLibrary/media/Advisory_Circular/AC%2020-27G.pdf it will probably answer most of your questions. If you find something you like, buy it. The FAA will not issue any written statements.

[JVSANTOSMD]

Thanks !!
Rgat amswers the question.

[Anymouse]

What about the "factory assist programs" many kits offer? Does that count as "for hire" ??

Marty did a pretty good job of clarifying things for you, however I thought I would expand on the "factory assist" part of your question. The short answer is that, yes, factory assist programs are consider "for hire." However, most of these shops are very careful not to overstep their 49% portion. In fact, many of these are actually approved by the FAA, indicating that they are staying within the letter and spirit of the regulations for E-AB aircraft.

In other words, don't sweat the factory assist thing too much.