Building without a permit in Idaho

What Idaho law says

Idaho Code 39-4111(2) makes it unlawful to do any construction, improvement, extension or alteration of a building in a city or county that enforces building codes without first getting a permit under that local government's ordinance. Under the Idaho Building Code Act's penalty section, a willful violation of the chapter or of the adopted codes is a misdemeanor punishable by a fine of up to $300, up to 90 days in jail, or both. Each building out of compliance is a separate violation and each day it continues is a separate offense. Unpermitted trade work carries its own penalties: plumbing work without a permit is a misdemeanor with a $10 to $300 fine and up to 30 days in jail (54-2628), and HVAC work without a permit is a misdemeanor with civil penalties of up to $1,000, each day a separate offense (54-5022).

Cited from Idaho Code 39-4111(2), 39-4126; 54-2628; 54-5022: 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 Idaho statute creates an as-built or after-the-fact building permit, or sets an investigation fee or fee multiplier for work already done; that is left to the city or county building department's ordinance and fee schedule. The state does build in one hard stop for electrical work: a power supplier may not connect or energize an electrical installation until it has passed inspection, and nobody else may energize one before an electrical permit is bought (54-1005(3) and (4)). In practice, unpermitted wiring has to be permitted and inspected before the power company will hook it up.

Cited from Idaho Code 54-1005(3), (4): 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

Idaho homeowners may do their own work. The Idaho Contractor Registration Act exempts an owner building on their own residential property, whether or not they live there. That exemption does not cover an owner who builds in order to promptly sell, unless they have lived in the home as their primary residence for at least 12 months before the sale. The trade laws carry their own owner exemptions: a property owner may do noncommercial electrical work in their own primary or secondary residence (54-1016(2)(a)), and an owner or contract purchaser may do their own plumbing (54-2602(1)(a)) and HVAC work (54-5002(1)(a)) in a single-family home or duplex, but must still meet the code and get the permit. A permit issued to an exempt owner is marked "no contractor registration provided" (54-5209).

Cited from Idaho Code 54-5205(2)(l); 54-5209; 54-1016(2)(a); 54-2602(1)(a); 54-5002(1)(a): official text.

Common questions about unpermitted work in Idaho

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

Idaho Code 39-4111(2) makes it unlawful to do any construction, improvement, extension or alteration of a building in a city or county that enforces building codes without first getting a permit under that local government's ordinance. Under the Idaho Building Code Act's penalty section, a willful violation of the chapter or of the adopted codes is a misdemeanor punishable by a fine of up to $300, up to 90 days in jail, or both. (Idaho Code 39-4111(2), 39-4126; 54-2628; 54-5022)

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

No Idaho statute creates an as-built or after-the-fact building permit, or sets an investigation fee or fee multiplier for work already done; that is left to the city or county building department's ordinance and fee schedule. The state does build in one hard stop for electrical work: a power supplier may not connect or energize an electrical installation until it has passed inspection, and nobody else may energize one before an electrical permit is bought (54-1005(3) and (4)). (Idaho Code 54-1005(3), (4))

Who can pull a permit in Idaho?

Idaho homeowners may do their own work. The Idaho Contractor Registration Act exempts an owner building on their own residential property, whether or not they live there. (Idaho Code 54-5205(2)(l); 54-5209; 54-1016(2)(a); 54-2602(1)(a); 54-5002(1)(a))

Related situations in Idaho

• 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 Idaho 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 Idaho permit offices:

• Boise

Official sources

• legislature.idaho.gov: sect39 4126
• legislature.idaho.gov: sect54 1005
• legislature.idaho.gov: sect54 5205
• legislature.idaho.gov: sect54 2604
• legislature.idaho.gov: sect54 2621