Building without a permit in Alaska

What Alaska law says

Alaska has no statewide building permit for one- and two-family homes and no state fine for building one without a permit. The state fire marshal's building and fire safety rules reach commercial and public buildings and residential buildings with four or more units only (AS 18.70.080(a)(2)), so home permits exist only where a city or borough adopts a building code by ordinance. State law caps what a municipality can charge for breaking any ordinance: a fine of up to $1,000 and 90 days in jail, or, in a civil action by the municipality or an aggrieved person, an injunction plus a civil penalty of up to $1,000 per violation, with each day the violation continues counted as a separate violation (AS 29.25.070(a), (b)). Separately, knowingly violating the state's minimum electrical standards is a misdemeanor punishable by a fine of up to $5,000 (AS 08.40.180).

Cited from AS 29.25.070(a), (b); AS 18.70.080(a)(2); AS 08.40.180: 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 Alaska statute sets an after-the-fact permit process, investigation fee or fee multiplier for unpermitted home construction; legalizing work is handled under each city's or borough's own building code. What state law supplies is the enforcement tool: a municipality, or any aggrieved person, may sue anyone who violates an ordinance, and on finding a violation or threatened violation the superior court must grant an injunction, which can be sought even when other remedies exist (AS 29.25.070(b)). Compensatory relief and a civil penalty of up to $1,000 per violation, per day, may be added.

Cited from AS 29.25.070(b): 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.

Who can pull the permit

Yes. The contractor registration law does not apply to a person working on an existing structure on their own property, or on their own existing residence, or to an owner who acts as their own general contractor, doing the work or hiring workers and subcontractors and paying for labor and materials (AS 08.18.161(9), (11)). An owner-builder is limited to one home, duplex, triplex, four-plex or commercial building every two years, and an owner who advertises or sells the structure during construction or within two years after construction begins must file a state form declaring they are not in the contracting business, which can trigger a state investigation (AS 08.18.161(11), 08.18.116(b)). Owners may also do their own electrical work on residential property they or their immediate family own that is not intended for sale, and their own mechanical and plumbing installation on a single-family or two-family home not intended for sale, without a state administrator license (AS 08.40.190(b)(3), 08.40.390(b)(3)). Local permit rules still apply where a city or borough has a building code.

Cited from AS 08.18.161(9), (11); AS 08.18.116(b); AS 08.40.190(b)(3); AS 08.40.390(b)(3): official text.

Common questions about unpermitted work in Alaska

What is the penalty for building without a permit in Alaska?

Alaska has no statewide building permit for one- and two-family homes and no state fine for building one without a permit. The state fire marshal's building and fire safety rules reach commercial and public buildings and residential buildings with four or more units only (AS 18.70.080(a)(2)), so home permits exist only where a city or borough adopts a building code by ordinance. (AS 29.25.070(a), (b); AS 18.70.080(a)(2); AS 08.40.180)

Can you get a permit after the work is done in Alaska?

No Alaska statute sets an after-the-fact permit process, investigation fee or fee multiplier for unpermitted home construction; legalizing work is handled under each city's or borough's own building code. What state law supplies is the enforcement tool: a municipality, or any aggrieved person, may sue anyone who violates an ordinance, and on finding a violation or threatened violation the superior court must grant an injunction, which can be sought even when other remedies exist (AS 29.25.070(b)). (AS 29.25.070(b))

Who can pull a permit in Alaska?

Yes. The contractor registration law does not apply to a person working on an existing structure on their own property, or on their own existing residence, or to an owner who acts as their own general contractor, doing the work or hiring workers and subcontractors and paying for labor and materials (AS 08.18.161(9), (11)). An owner-builder is limited to one home, duplex, triplex, four-plex or commercial building every two years, and an owner who advertises or sells the structure during construction or within two years after construction begins must file a state form declaring they are not in the contracting business, which can trigger a state investigation (AS 08.18.161(11), 08.18.116(b)). (AS 08.18.161(9), (11); AS 08.18.116(b); AS 08.40.190(b)(3); AS 08.40.390(b)(3))

Related situations in Alaska

• A stop work order was posted: what it means and how to lift it
• How to find out if a permit was pulled, or report work with none
• A wall was removed without a permit
• Selling a house with unpermitted work
• Buying a house with unpermitted work

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

Your local permit office

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

• Anchorage

Official sources

• akleg.gov: statutes.asp
• akleg.gov: statutes.asp
• akleg.gov: statutes.asp