What Happens If You Build Without a Permit?

Cities Issue Permits to Legalize Past Work

Chicago's permit data includes many fence permits with the purpose "LEGALIZE UNPERMITTED WORK": homeowners applying after the fact, usually after an inspection or a sale. The owner pays for the permit and may have to open up work so it can be inspected.

Where It Causes Problems

• Selling: buyers, lenders and appraisers can look up permit history; see How to Look Up Building Permits for a House.
• Inspections: work that would have been checked by an inspector, such as deck ledgers or gas piping, is unverified.
• Contractors: in cities like Baltimore, only licensed contractors can pull HVAC permits, so an unpermitted job may also mean an unlicensed installer.

How to Fix It

Contact your city's building department before you sell or refinance. Each city page on this site links the official department; start at Building Permits by City.

Stop Work Orders and Fines

The IRC's administration chapter gives building officials the tools to enforce permits. Section R113 treats work done in violation of the code, including work without a required permit, as a violation, and R114 lets the official issue a stop work order when work is being done contrary to the code or in an unsafe manner. Cities adopt these with their own penalties. Seattle's SDCI, for example, says it can issue a stop work order and fines of up to $500 per day for construction without a permit.

Penalties are usually triggered by a complaint from a neighbor, an inspector driving by, or a later permit application that reveals earlier work.

Extra Fees for Starting Early

IRC R108.6 allows the building official to charge an additional fee, set by the jurisdiction, when work starts before a permit is issued. This fee is in addition to the normal permit fee and is paid regardless of whether the work passes. The amount varies by jurisdiction; check your city's fee schedule. How Much Does a Building Permit Cost? Verified Fee Examples lists the fees we have verified.

Insurance, Sales and Refinancing

Unpermitted work can create practical problems long after the job is done:

• Selling: buyers can compare the house with its permit history. Selling a House with Unpermitted Work: Risks and Options covers the options.
• Insurance: after a fire or water loss, an insurer may ask whether work was permitted. Policy terms vary, so ask your insurer.
• Appraisals: unpermitted living space may be valued differently from permitted space.

How Legalizing Works

1. Contact the department and describe the work; Seattle offers free 20-minute permit coaching.
2. Apply for a permit as for new work, with plans if the work requires them.
3. Expose concealed work where the inspector needs to see it.
4. Correct deficiencies and pass inspections.
5. Get the final so the record shows the work as approved.

When You Might Not Need a Permit at All

Not every project needs one. Finish work, small sheds and many repairs are exempt under the model code and city lists. Check Work That Does Not Need a Building Permit: IRC R105.2 Exemptions before deciding, and when in doubt call the permit office.

Common Projects People Skip Permits For

Some projects are skipped more often than others, usually because the owner assumes they are maintenance:

• Water heater and HVAC replacement. Most cities treat replacement as permit work; see HVAC Replacement Permit Rules in 10 US Cities.
• Decks. Height, size and attachment decide the answer; see When a Deck Needs a Permit: Height and Size Rules by City.
• Basement finishing. New walls, wiring and bedrooms with egress windows usually need permits.
• Window enlargements. Changing an opening is structural; see Do You Need a Permit for Window Replacement?.
• Re-roofs. Rules vary widely; see Roof Replacement Permit Rules in 10 US Cities.

For each of these, the cost of a permit is usually small relative to the job, and the record adds value when you sell.

Building Departments in the Cities We Cover

Rules in this guide vary by jurisdiction. These are the official departments that issue residential permits in the 15 cities we track, with the city's open-data source for permit records. Each city page shows the rules for roofing, HVAC, solar, fence and deck work.

Before relying on any rule, read the department's current page or call its permit desk. Model-code sections cited here (such as IRC R105) are adopted locally, often with amendments.

Frequently Asked Questions