Building without a permit in Illinois

What Illinois law says

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. Building-regulation power comes from 65 ILCS 5/11-30-4, which lets municipalities 'prescribe the strength and manner of constructing all buildings, structures and their accessories.' So building-without-a-permit penalties are set by each municipality's ordinance within these enabling limits (home rule units derive power directly from the Illinois Constitution).

Cited from 65 ILCS 5/1-2-1; 65 ILCS 5/11-30-4: 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?

Illinois state law does not spell out a single statewide after-the-fact permit process; the path runs through your local permit office, which decides how already-built work gets reviewed, opened up for inspection, or corrected. Start with your locality's office below.

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

Whether an owner can pull a building permit is a municipal question in Illinois; there is no state building-permit statute. At the state level, the Plumbing License Law requires that 'all plumbing shall be performed only by plumbers licensed under the provisions of this Act,' but exempts owner-occupants (and lessee-occupants) of single-family residences doing their own plumbing, provided the work meets Illinois State Plumbing Code minimum standards, is submitted for inspection by the Department or local unit, uses no unlicensed helpers ('shall not employ other than a plumber licensed pursuant to this Act to assist'), and the occupant has 'a current intention to live in such premises as his or her bona fide sole and exclusive residence for a period of not less than 6 months after the completion of the plumbing work.'

Cited from 225 ILCS 320/3: official text.

Common questions about unpermitted work in Illinois

What is the penalty for building without a permit in 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)

Who can pull a permit in Illinois?

Whether an owner can pull a building permit is a municipal question in Illinois; there is no state building-permit statute. At the state level, the Plumbing License Law requires that 'all plumbing shall be performed only by plumbers licensed under the provisions of this Act,' but exempts owner-occupants (and lessee-occupants) of single-family residences doing their own plumbing, provided the work meets Illinois State Plumbing Code minimum standards, is submitted for inspection by the Department or local unit, uses no unlicensed helpers ('shall not employ other than a plumber licensed pursuant to this Act to assist'), and the occupant has 'a current intention to live in such premises as his or her bona fide sole and exclusive residence for a period of not less than 6 months after the completion of the plumbing work.' (225 ILCS 320/3)

Related situations in Illinois

• 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 Illinois 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 Illinois permit offices:

• Chicago
• Cook County

Official sources

• https://www.ilga.gov/documents/legislation/ilcs/documents/006500050K1-2-1.htm
• https://www.ilga.gov/documents/legislation/ilcs/documents/022503200K3.htm
• https://www.ilga.gov/commission/Jcar/admincode/077/077008900A01100R.html
• https://ilga.gov/documents/legislation/ilcs/documents/076510850K20.htm