Alabama · Penalties in every state

Building without a permit in Alabama

By Mario Bailey Last checked · 3 official sources

Quick answer

Alabama sets no single statewide fine for building without a permit; permits are required and enforced by cities and counties that choose to run building programs. A county commission may adopt building laws and codes by resolution for its unincorporated areas (34-14A-12(c)(1)), and anyone who violates a law or code a county adopted under that chapter commits a Class A misdemeanor (34-14A-14(a)), punishable by a fine of up to $6,000 and up to one year in the county jail (13A-5-12(a)(1), 13A-5-7(a)(1)).

Source: Ala. Code 34-14A-12(c)(1); 34-14A-14(a); 13A-5-12(a)(1); 13A-5-7(a)(1); 11-45-8(c); 11-45-9(b). Details and the official text are cited below.

What Alabama law says

Alabama sets no single statewide fine for building without a permit; permits are required and enforced by cities and counties that choose to run building programs. A county commission may adopt building laws and codes by resolution for its unincorporated areas (34-14A-12(c)(1)), and anyone who violates a law or code a county adopted under that chapter commits a Class A misdemeanor (34-14A-14(a)), punishable by a fine of up to $6,000 and up to one year in the county jail (13A-5-12(a)(1), 13A-5-7(a)(1)). Cities adopt building, plumbing, electrical and gas codes by ordinance (11-45-8(c)), and a city ordinance fine may not exceed $500, with jail of no more than six months (11-45-9(b)). The Home Builders Licensure Board separately polices unlicensed builders, not missing permits.

Cited from Ala. Code 34-14A-12(c)(1); 34-14A-14(a); 13A-5-12(a)(1); 13A-5-7(a)(1); 11-45-8(c); 11-45-9(b): official text. Localities enforce these rules and may add their own fees and procedures on top.

Can you get a permit after the work is done?

No Alabama statute sets a statewide after-the-fact or as-built permit process, investigation fee or fee multiplier; legalizing unpermitted work is handled under each city's or county's own code. The statute gives counties the enforcement tools: county building inspectors check that construction does not conflict with the county code and may charge inspection fees to the owner (34-14A-12(c)(4)), and a county may condemn a dangerous building or structure, bar its use and abate it as a nuisance using the same procedures cities use (34-14A-12(d); 11-53A-20 to 11-53A-26). Where the problem is an unlicensed builder, the Home Builders Licensure Board may order the work to stop in writing to the owner or the builder (34-14A-14(b)).

Cited from Ala. Code 34-14A-12(c)(4), (d); 34-14A-14(b); 11-53A-20 to 11-53A-26: official text.

The typical path, whatever your locality calls it: stop any ongoing work, contact the permit office before they contact you, apply for the permit describing what was actually built, and expect the office to require opening up or inspecting concealed work. Voluntarily coming forward generally goes better than waiting for a complaint or a sale to surface it.

What Alabama permit offices charge when work starts first

The statute above sets the ceiling; the bill comes from the local office. One Alabama jurisdiction we cover publishes a specific surcharge for work started before the permit, quoted here from the fee schedule or permit page we verified, each linked to the page that carries the citation.

Jurisdictions not listed either publish no surcharge clause or publish one we could not quote from an official schedule; their permit pages state what we could verify.

Who can pull the permit

Yes. The home builder licensing law does not apply to owners acting as their own contractor and providing all material supervision themselves when building or improving a one- or two-family home on their own property for their own occupancy or use and not offered for sale (34-14A-6(5)a). The exemption cannot be transferred, including through a power of attorney, and selling or offering the home for sale within one year after completion is presumptive evidence it was built for sale (34-14A-6(5)b). Owners may also do their own electrical work on their premises (34-36-13(a)(5)) and their own plumbing in a building they own or occupy (34-37-15), though plumbing work stays subject to inspection under state law and local ordinances. Whether an owner may pull a local building permit is set by the city or county.

Cited from Ala. Code 34-14A-6(5); 34-36-13(a)(5); 34-37-15(a)(5), (b): official text.

Common questions about unpermitted work in Alabama

What is the penalty for building without a permit in Alabama?
Alabama sets no single statewide fine for building without a permit; permits are required and enforced by cities and counties that choose to run building programs. A county commission may adopt building laws and codes by resolution for its unincorporated areas (34-14A-12(c)(1)), and anyone who violates a law or code a county adopted under that chapter commits a Class A misdemeanor (34-14A-14(a)), punishable by a fine of up to $6,000 and up to one year in the county jail (13A-5-12(a)(1), 13A-5-7(a)(1)). (Ala. Code 34-14A-12(c)(1); 34-14A-14(a); 13A-5-12(a)(1); 13A-5-7(a)(1); 11-45-8(c); 11-45-9(b))
Can you get a permit after the work is done in Alabama?
No Alabama statute sets a statewide after-the-fact or as-built permit process, investigation fee or fee multiplier; legalizing unpermitted work is handled under each city's or county's own code. The statute gives counties the enforcement tools: county building inspectors check that construction does not conflict with the county code and may charge inspection fees to the owner (34-14A-12(c)(4)), and a county may condemn a dangerous building or structure, bar its use and abate it as a nuisance using the same procedures cities use (34-14A-12(d); 11-53A-20 to 11-53A-26). (Ala. Code 34-14A-12(c)(4), (d); 34-14A-14(b); 11-53A-20 to 11-53A-26)
Who can pull a permit in Alabama?
Yes. The home builder licensing law does not apply to owners acting as their own contractor and providing all material supervision themselves when building or improving a one- or two-family home on their own property for their own occupancy or use and not offered for sale (34-14A-6(5)a). The exemption cannot be transferred, including through a power of attorney, and selling or offering the home for sale within one year after completion is presumptive evidence it was built for sale (34-14A-6(5)b). (Ala. Code 34-14A-6(5); 34-36-13(a)(5); 34-37-15(a)(5), (b))

Related situations in Alabama

How Alabama compares: building without a permit, state by state.

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Your local permit office

Enforcement, after-the-fact fees, and the exact fix-it process are local. We cover these Alabama permit offices:

Official sources

This page summarizes state law from the official sources listed above, with a last checked date. It is not legal advice. Penalties and procedures are applied by local offices and courts case by case; for anything contested or high stakes, confirm with your permit office or a licensed professional in Alabama.