Reference

What happens if you build without a permit?

By Mario Bailey Last checked · 71 official sources

The short answer

There is no national penalty. Unpermitted work is punished under state law and enforced by your local building department, and the mechanism differs enough between states that a general answer is not much use. We have read and cited the governing penalty statute in 27 states.

The pattern that does hold: in 25 of those 27 states, the law or the code documents a way to permit the work after the fact, usually as an as-built or retroactive permit application, often with an investigation fee or a multiplied permit fee attached. Tearing the work out is rarely the required first step, and all 27 states document who is allowed to pull the permit.

This is a reference, not legal advice. Penalties escalate with repeat offenses and with safety risk in most of these statutes, and your locality can add its own fees on top.

What each state's law actually says

Each summary below is the opening of our verified entry for that state, with the statute we read. Open the state page for the full text, the after-the-fact path, and who may pull the permit.

Arizona

Arizona has no state agency that issues building permits and no single statewide crime for building without one. State law instead authorizes cities to adopt and enforce their own codes as ordinances (A.R.S. Title 9) and counties to do the same in zoned unincorporated areas (A.R.S. Title 11), with municipal zoning and permit rules enforced the same way as any other city ordinance under A.R.S. 9-462.05.

A.R.S. 9-240(B)(28)(b); 9-500.21; 9-462.05(A); 11-251.05(A)(2); 11-815(B)-(D); 13-802(A)-(B); 13-707(A)(1)-(2); 32-1164(A)(2), (B)

Official text · documents an after-the-fact permit path

California

California makes it a criminal misdemeanor to violate the State Housing Law or the State Building Standards Code provisions adopted under it, which covers construction, alteration, or maintenance of a building without required permits. The state ceiling is a fine up to $1,000, up to six months in jail, or both.

Health & Safety Code 17995; Health & Safety Code 17960; Business & Professions Code 7031.5

Official text · documents an after-the-fact permit path

Colorado

Colorado has no single statewide building code, so building permits are issued and enforced locally: counties adopt building codes under C.R.S. 30-28-201, and once a code is adopted, C.R.S. 30-28-205 makes it unlawful to erect, alter, or remodel a structure without first obtaining a permit. Violating a county building code is a civil infraction under C.R.S. 30-28-209, which carries a fine of up to $100 per offense under C.R.S. 18-1.3-503(1.6), with each day counted as a separate offense, and the county can also ask the county court to impose a civil penalty of $500 to $1,000 under C.R.S. 30-28-210, plus up to $100 for each day the violation continues after the court order; an unpaid penalty becomes a lien on the property collected like unpaid taxes.

C.R.S. 30-28-201, 30-28-205, 30-28-209, 30-28-210; C.R.S. 31-15-601, 31-16-101; C.R.S. 12-115-122, 12-115-123, 12-155-122, 12-155-123, 12-20-407(1)(a); C.R.S. 18-1.3-501(1)(a.5), 18-1.3-503(1.6)

Official text · documents an after-the-fact permit path

Florida

Building without a required permit is illegal under Florida state law: section 553.79(1)(a), Florida Statutes, makes it unlawful to construct, erect, alter, modify, repair, or demolish any building without first obtaining a permit, and section 489.127(1)(h) separately prohibits any person from starting permit-required work before the permit is in effect. For an unlicensed person, and a homeowner doing the work personally is unlicensed under chapter 489, violating that prohibition is a first degree misdemeanor under section 489.127(2)(a), punishable by up to 1 year in jail and a fine of up to $1,000 under sections 775.082(4)(a) and 775.083(1)(d).

F.S. 553.79(1)(a); F.S. 489.127(1)(h), (2)(a)-(c); F.S. 775.082(4)(a); F.S. 775.083(1)(d); Florida Building Code, Building (2023, 8th Edition) 109.4 and 115.1-115.3

Official text · documents an after-the-fact permit path

Georgia

Georgia has no state building permit office and no single state criminal charge for building without a permit. The state minimum standard codes under the Uniform Codes Act (O.C.G.A. 8-2-20 and following) apply to all construction statewide, but permits and enforcement belong to city and county building departments, and O.C.G.A. 8-2-26 lets the local building official deny a permit or certificate of occupancy and issue a stop-work order when work does not comply.

O.C.G.A. 8-2-20 et seq.; O.C.G.A. 8-2-26(g)(18) and (g)(21); O.C.G.A. 36-32-1(c); O.C.G.A. 36-35-6(a)(2)(B); O.C.G.A. 36-1-20(a) and (c); O.C.G.A. 43-41-16(a)(10) and (b)(4)

Official text · documents an after-the-fact permit path

Illinois

Illinois has no state building-permit penalty statute for private residential work; building permits and penalties are municipal. The Illinois Municipal Code authorizes corporate authorities to pass ordinances 'with such fines or penalties as may be deemed proper,' and provides that 'No fine or penalty, however, except civil penalties provided for failure to make returns or to pay any taxes levied by the municipality shall exceed $750,' with imprisonment under 65 ILCS 5/1-2-9 (only for failure to pay a fine) capped at 6 months per offense.

65 ILCS 5/1-2-1; 65 ILCS 5/11-30-4

Official text · no statewide after-the-fact path; set locally

Indiana

Indiana splits buildings into two classes and only one of them carries a statewide permit offense. For a Class 1 structure (commercial, public, three or more tenants), building with no state design release is a Class C infraction under IC 22-15-3-7(c), and a Class C infraction carries a judgment of up to $500 under IC 34-28-5-4(c).

IC 22-15-3-7(c); IC 34-28-5-4(c); IC 22-12-8-1; IC 22-12-8-2; IC 22-12-7-7(5); IC 36-1-3-8(a)(9); IC 36-1-3-8(a)(10)(B); IC 36-1-6-4

Official text · documents an after-the-fact permit path

Louisiana

Louisiana sets no statewide fine or jail term for building without a permit. The Louisiana State Uniform Construction Code adopts the international codes but expressly omits their administrative parts, and those are the chapters that create the permit requirement, so both the duty to pull a permit and the money penalty for skipping it come from parish or municipal ordinance.

La. R.S. 40:1730.31; La. R.S. 33:362(A)(2)(b); La. R.S. 33:321; La. R.S. 37:2163(C)(1); La. R.S. 37:2160(B); La. R.S. 40:1730.28(A)

Official text · documents an after-the-fact permit path

Maryland

In Maryland, penalties for building without a permit are set by each county and municipality, not by state building law. The Maryland Building Performance Standards adopt the IBC statewide, but the subtitle contains no fine, misdemeanor, or stop-work provision for unpermitted work.

Md. Code, Public Safety 12-503, 12-504, 12-505

Official text · no statewide after-the-fact path; set locally

Massachusetts

Violation of the state building code is a criminal matter under M.G.L. c. 143, s. 94: punishable 'by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both, for each such violation,' and 'Each day during which a violation exists shall constitute a separate offense.' The code itself hooks into this: 780 CMR 114.4 (10th edition) makes anyone who violates 780 CMR or works in violation of a permit 'subject to penalties as prescribed by M.G.L. c. 143, s. 94(a),' and 115.3 applies the same penalties, with the per-day separate offense language, to continuing work after a stop work order.

M.G.L. c. 143, s. 94; 780 CMR 114.4 and 115.3 (10th ed.)

Official text · documents an after-the-fact permit path

Michigan

Michigan sets the penalty in state law, not by local ordinance alone. Under section 23 of the Stille-DeRossett-Hale Single State Construction Code Act (1972 PA 230), knowingly violating the act, the state construction code, or an enforcement rule is a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 90 days, or both.

MCL 125.1523(1), (2), (3); MCL 125.1510(1); MCL 125.1511(1); MCL 125.1508b(1), (2)

Official text · documents an after-the-fact permit path

Minnesota

Minnesota's State Building Code applies statewide, and any municipality that had adopted it by January 1, 2008 must keep administering and enforcing it, with an exception for municipalities under 2,500 population outside the Twin Cities metro area. Chapter 326B, which contains the building code and its permit provisions, is defined as part of the Department of Labor and Industry's 'applicable law.'

Minn. Stat. 326B.121, subd. 2(a); 326B.081, subd. 3; 326B.082, subd. 16 and subd. 7; 609.02, subd. 3

Official text · documents an after-the-fact permit path

Missouri

Missouri has no statewide residential building code and no state crime of building without a permit, so both the permit requirement and its penalty come from city or county ordinance. Where a municipality enforces under its zoning enabling act, RSMo 89.120.2 makes it a misdemeanor to erect, construct, reconstruct, alter or convert a building in violation, punishable by not less than $10 and not more than $250 for each and every day the violation continues, or imprisonment for 10 days for each day it continues, or both, rising to $100 to $500 per day for a second or subsequent offense at the same building; in a city with more than 300,000 inhabitants the range is $10 to $500 per day and $250 to $1,000 per day for repeat offenses.

RSMo 479.353.1(1)(b) and 479.353.1(2); RSMo 479.350(4); RSMo 89.120.2; RSMo 64.200; RSMo 557.021.1; RSMo 558.011.1(6); RSMo 558.002.1(2); RSMo 77.590; RSMo 79.470; RSMo 82.300.1

Official text · documents an after-the-fact permit path

Nevada

Nevada has no single statewide dollar penalty for building without a permit because the state itself does not issue building permits. Once a county or city has appointed a building official under NRS 278.570, NRS 278.610 makes it unlawful to erect, construct, reconstruct, alter, or change the use of a structure without first obtaining a building permit, but that section sets no penalty of its own.

NRS 278.610, 278.570; NRS 193.150, 193.151; NRS 244.3675, 244.1503; NRS 268.413, 268.019; NRS 624.700, 624.750, 624.710

Official text · documents an after-the-fact permit path

New Jersey

New Jersey sets Uniform Construction Code penalties statewide. A penalty for failure to obtain a required permit before starting construction shall not exceed $2,000 per violation.

N.J.S.A. 52:27D-138(a), (c), (e)(2); 52:27D-132

Official text · documents an after-the-fact permit path

New York

New York runs two entirely separate systems and the dividing line is the New York City boundary. Outside New York City the state Uniform Fire Prevention and Building Code applies and Executive Law 382(2) is the penalty provision: a person served with an order to remedy who fails to comply within the time fixed, and any owner, builder, architect, tenant, contractor, subcontractor or construction superintendent who knowingly violates the uniform code or a lawful order made under it, is punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both, for the first 180 days.

Outside New York City: N.Y. Exec. Law 382(2); N.Y. Exec. Law 381(2); 19 NYCRR 1203.3(a)(1), 1203.5(c); N.Y. Penal Law 55.10(2)(c). Inside New York City: NYC Admin. Code 28-201.1, 28-202.1, 28-203.1, 28-203.2, 28-204.1.

Official text · documents an after-the-fact permit path

North Carolina

In North Carolina, building without a required permit is a state crime, not merely a local ordinance violation. G.S. 160D-1110(a) requires all permits to be secured before construction, plumbing, heating or cooling, or electrical work begins, and G.S. 160D-1110(i) states flatly that violation of that section is a Class 1 misdemeanor.

N.C. Gen. Stat. 160D-1110(a), 160D-1110(i), 143-138(h), 160D-404(b), 15A-1340.23(b), 160A-175(b1)(1), 153A-123(b1)(1)

Official text · documents an after-the-fact permit path

Ohio

Ohio state law (R.C. 3791.04) requires an owner to submit construction plans and obtain approval from the certified local building department before starting construction, alteration, or repair of any building covered by R.C. 3781.06, which includes one-, two-, and three-family dwellings. Proceeding with construction before that approval is issued is punishable by a fine of up to $500 under R.C. 3791.04(J).

R.C. 3791.04(A)(1), (B), (J); R.C. 3781.99(B)-(C); R.C. 3791.99(B)-(C)

Official text · documents an after-the-fact permit path

Oklahoma

Oklahoma has no statewide criminal offense for building without a permit. The Oklahoma Uniform Building Code Commission Act, 59 O.S. 1000.20 through 1000.31, creates the commission that adopts the statewide codes, but all twelve sections were read and the chapter contains no penalty provision of any kind for unpermitted construction.

11 O.S. 14-111 (fine ceiling), 14-109, 14-110; 59 O.S. 1000.20 through 1000.31 (verified: no penalty section); 19 O.S. 866.32, 868.21; 21 O.S. 10; 59 O.S. 1019(A), 1693(A), 1850.11(A), 1000.9(C)

Official text · documents an after-the-fact permit path

Oregon

Oregon caps the penalty for building without a permit in state statute rather than leaving the number to each city. Under ORS 455.895(2), the Department of Consumer and Business Services or the relevant advisory board may impose a civil penalty on any person who violates the state building code of up to $5,000 for each offense, or up to $1,000 for each day of a continuing offense.

ORS 455.895(2), (5); ORS 455.157(2), (4); ORS 455.897

Official text · documents an after-the-fact permit path

Pennsylvania

Under Section 903 of the Pennsylvania Construction Code Act (Act 45 of 1999): '(1) Any individual, firm or corporation that violates any provision of this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs. (2) Each day that a violation of this act continues shall be considered a separate violation.' The penalty amount is forwarded to the entity with enforcement jurisdiction (Section 903(b)).

Pennsylvania Construction Code Act, Act of Nov. 10, 1999, P.L. 491, No. 45, Section 903 (35 P.S. 7210.903)

Official text · documents an after-the-fact permit path

South Carolina

South Carolina is unusual among local-adoption states because the penalty is in the state code, not left entirely to city and county ordinance. S.C. Code 6-9-80(B) says a person found in violation of a building code adopted under the Building Codes Council Act must be cited and fined by civil fine of not more than $200, and must be given seven calendar days to remedy the violation or submit a correction plan before being charged with a second violation.

S.C. Code Ann. 6-9-80(A), (B), (C); 6-29-950(A); 5-7-30; 14-25-65(A); 22-3-550(A)

Official text · documents an after-the-fact permit path

Tennessee

Tennessee runs a state residential building permit program through the State Fire Marshal's Office under T.C.A. 68-120-101(b). In covered cities and counties, a state permit must be secured before construction starts on a one or two family home, a townhouse, or an addition of 30 or more square feet of interior space, and anyone who begins work first owes an additional fee equal to 100 percent of the required permit fee for each violation, on a permit fee scale that runs from $100 to $550 and up depending on construction cost.

T.C.A. 68-120-101(b) (opt-out and exempt-jurisdiction structure as enacted by 2009 Tenn. Pub. Ch. 529); Tenn. Comp. R. & Regs. 0780-02-23-.05(1), -.05(10), -.08(1), -.08(9), -.09(1)

Official text · documents an after-the-fact permit path

Texas

Texas has no statewide criminal penalty for building without a permit because the state itself does not issue building permits. State law adopts the International Residential Code and the International Building Code as municipal codes, and each city administers and enforces them under its own ordinances (Local Government Code 214.212 and 214.216).

Tex. Local Government Code 54.001, 54.012, 54.017, 214.212, 214.216, 233.153-233.157; Tex. Penal Code 12.23

Official text · documents an after-the-fact permit path

Virginia

Building without a required permit is enforced as a USBC violation under Va. Code 36-106: any violation is deemed a misdemeanor punishable by a fine of not more than $2,500 for a first offense. A second offense within 5 years carries a fine of $1,000 to $2,500; a second offense within 5 to 10 years carries $500 to $2,500; a third or subsequent offense within 10 years carries up to 10 days in jail and a $5,000 to $10,000 fine, none of which may be suspended.

Va. Code 36-106; 13VAC5-63-150 (USBC Section 115)

Official text · documents an after-the-fact permit path

Washington

Washington has no statewide fine for building without a building permit. The State Building Code Act, RCW 19.27, hands enforcement to local government: RCW 19.27.050 requires the state building code to be enforced by counties and cities, so stop work orders and fines for unpermitted construction come from your city or county ordinance, not from a state statute.

RCW 19.27.050; RCW 19.28.131; WAC 296-46B-915(11); RCW 18.106.020(3); RCW 18.106.270(1)

Official text · documents an after-the-fact permit path

Wisconsin

Wisconsin runs a genuinely statewide residential building code, the Uniform Dwelling Code, covering one- and two-family dwellings built on or after June 1, 1980. A Wisconsin uniform building permit must be obtained before any on-site construction, including excavation for the structure, may begin.

Wis. Stat. 101.66(3); Wis. Admin. Code SPS 320.08(1), SPS 320.22(1), (1)(a), (2)(a), (3); Wis. Stat. 101.65(1)(d)

Official text · documents an after-the-fact permit path

Your state missing? We only publish a state once its penalty provision has been read against the official source. How we verify.

Permitting work that is already built

The usual sequence is the same wherever a path exists: you apply for a permit on the completed work, the building department charges an investigation or multiplied fee for having started without one, and an inspector has to be able to verify what was built. That last part is what decides the cost, because concealed work often has to be opened up again so it can be seen.

Before you call the office, it is worth knowing whether the work needed a permit at all. Plenty of it does not, and the answer is local: see the rules by project type, or check your project against your own jurisdiction.

How it surfaces

Most answers to "how do they find out" repeat each other without a source. We looked for a jurisdiction that would put its own process in writing instead. What follows is not a national theory of enforcement, it is three documented examples, each specific to the office that published it.

A complaint or report

In Fairfax County, Virginia, code compliance describes how a case opens: "When DCC receives a complaint or report of unpermitted construction, Code Compliance Investigators will visit the property, observe the property, and document their findings." Fairfax County Code Compliance.

An appraisal visit

Wake County, North Carolina puts the reporting duty on the owner and backs it with visits: property owners "are required to report any new buildings, additions, improvements and/or deletions that occurred during the preceding calendar year where a building permit was not issued," and county appraisers "will on occasion visit a property to verify that the characteristics of the property correspond with the data in our property records." Wake County Tax Administration.

A title search at sale

New York City's Department of Buildings says an already-issued violation does not stay private: "Violation information is public and will appear in a property title search," reaching a buyer or a lender at the point of a sale or refinance, where it can stop the deal. "Open violations can prevent an owner from selling or refinancing," the same page adds. The department is describing a violation already on record here, not how the underlying work was first found. NYC Department of Buildings.

What it costs to permit work that already exists

The statute sets the ceiling; the bill comes from the local office, and the two are not related. Across the jurisdictions we cover, 24 in 15 states publish a charge we could quote from an official fee schedule or permit page for work that started before the permit. Each sentence below is quoted from that office's own fee schedule or permit page, and links to the page carrying the citation and the date we checked it.

California

  • Investigation fee for work done without a required permit is not less than $504.47, or $252.23 for one or two family dwellings when the work is performed by an owner-builder.

    Los Angeles County · last checked

  • The county also charges a separate fee for special electrical inspection prior to energizing service pending completion of improvements, and doubles fees for work started before a permit is issued.

    Orange County · last checked

Michigan

  • Work without a permit is $130.

    Ann Arbor · last checked

  • Working prior to permit adds an "Admin Fee (working prior to permit) $173.00".

    Grand Rapids · last checked

Missouri

  • A reinspection is $75.00 under Sec. 18-20(h)(6), and building without the permit first triples the permit fee under Sec. 18-20(e)(2).

    Kansas City · last checked

  • Starting work before the permit issues triggers a surcharge that scales with the permit fee, from $35.00 on a $0 to $50.00 permit up to $1,005.00 over $10,000.00.

    St. Louis · last checked

New York

  • The matching 1 and 2 family penalty for filing after the fact starts at $780.00.

    New York City · last checked

  • A deck built before the permit was issued is charged under 86-11C(2) at $400 plus $36 per additional $1,000.

    Town of Hempstead · last checked

North Carolina

  • Item 29 of the same ordinance charges the original permit fee times 3.75 for work started without a permit.

    Charlotte · last checked

  • 'DOUBLE PERMIT FEE: BUILDING PERMIT FEES WILL BE DOUBLED IF WORK IS BEGUN BEFORE SECURING A PERMIT'.

    Greensboro · last checked

Ohio

  • Working without a required permit adds an investigation fee equal to the permit fee, maximum $1,695.00.

    Cincinnati · last checked

  • Penalty Fees on the same schedule: 'Zoning Compliance after-the-fact $150.00 + fee'.

    Franklin County · last checked

South Carolina

  • Starting without a permit doubles the money: the schedule's Penalties clause says "Where work for which a permit is required by this code is started or proceeded prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fee shall neither relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein."

    Charleston · last checked

  • Sec. 5-204(c) adds a penalty of 100 percent of the usual permit fee where work is started before the permit is obtained.

    Columbia · last checked

Texas

  • The same schedule adds "Penalty for Work Without a Permit (in addition to the permit fee charged) Equal to the permit fee."

    Arlington · last checked

  • The handout separately lists "ELECTRICAL WORK" among the work requiring a permit, and Schedule C penalizes "Contractor starting work without a permit on a residential building, structure, electrical, gas, mechanical, irrigation, or plumbing system before obtaining the necessary permits" at triple the permit fee (double for a homeowner on his own residence).

    El Paso · last checked

Wisconsin

  • Starting without a permit doubles the fee and adds a $100-per-day penalty from the date of the stop work notice.

    Madison · last checked

  • Building the pool before the permit issues "may result in an increased fee (up to 4 times the permit fee) and possibly issuance of a citation and/or removal of the pool from the premises."

    Milwaukee · last checked

Georgia

  • The schedule also states "Building permit fees include Plan Review and Building Inspections" and prices reinspections at "First Follow-up Inspection $0", "Second Follow-up Inspection $50", "Third and each Subsequent Follow-up Inspection $100", with "Penalty for Construction Prior to Issuance of Permit 100% of the Permit Fee".

    Gwinnett County · last checked

Maryland

  • Only a licensed electrical contractor registered with Baltimore County can apply, and working without a permit carries a $1,000 civil penalty.

    Baltimore County · last checked

Massachusetts

  • Fees are flat per job type rather than valuation-based, and the city warns that working without a permit carries a penalty of triple the original permit fee with a $500.00 minimum on residential property.

    Worcester · last checked

Oklahoma

  • Starting work before the permit is issued adds a penalty fee of $214.00 or three times the regular fee, whichever is greater (Section 105).

    Tulsa · last checked

Tennessee

  • Work commencing before permit issuance is charged double fee.

    Memphis · last checked

Jurisdictions not listed either publish no surcharge clause or publish one we could not quote from an official schedule. Absence here is not evidence that a jurisdiction charges nothing.

Stop work orders

A stop work order halts the job while the permit question is resolved. It is an administrative step rather than a penalty in itself: a building official can issue one without going to court, and it can arrive before any fine is decided.

Whether your state's code grants that power, who may issue it, and what lifts it are state and local questions, and the answer is not uniform. Some states we have verified spell out stop-work authority in the building code; others say nothing about it and leave the question entirely to the locality. Your state's page quotes the provision we verified, or says plainly when there is none.

When it surfaces at sale

Unpermitted work often sits undisturbed for years, then becomes urgent at a single moment: the sale. The title search described above is one documented way it turns up. By then the timeline belongs to the transaction rather than to you. Whether to legalize first or disclose and sell as is depends on your state's after-the-fact path. Of the 27 states whose penalty statute we have verified, 25 document that path in state law. Illinois and Maryland leave it entirely to local offices.

Permit help

Find out where you actually stand

The answer depends on your jurisdiction and on what was built. Walk through it in a couple of minutes and you will get the rule for your own county, plus the option to have someone handle the process for you.

Check unpermitted work in your county