Kansas · Penalties if you skip one

What you can build without a permit in Kansas

By Mario Bailey Last checked · 10 official sources

Quick answer

Across the 2 Kansas jurisdictions we have verified, 0 of 25 project rules need no permit at all, 13 turn on a size or scope condition the jurisdiction publishes, and 12 require a permit regardless. Bathroom remodel work is where the answer most often comes with a published condition rather than a flat yes: 2 of the 2 jurisdictions that answer publish one. The numbers are not statewide: fence thresholds alone run from 4 to 8 feet depending on the jurisdiction.

How to read this page

"No permit" means the jurisdiction publishes that the work needs no building permit. "Depends" means it publishes a size, height, depth, cost or scope condition that decides the answer, quoted in its own words in the last column; the number beside it is the figure that condition turns on, and which side of the number is exempt is stated by the condition, not by us. Exempt from a building permit is not exempt from zoning, setbacks, height limits, flood rules, an HOA, or a separate electrical, plumbing or mechanical permit, and several of the conditions below say exactly that.

Bathroom Remodel

All 2 make the bathroom remodel answer turn on a size or scope condition the jurisdiction publishes.

Jurisdiction Permit Published figure What the rule says
Overland Park Depends like-for-like fixture and finish replacement versus new walls, new or extended circuits, or new drains, vents or ductwork.
Wichita Depends MABCD says work that replaces what was there before, such as tiling, cabinets, countertops and similar finish work, needs no permit, while new construction and changes do.

Deck

All 2 make the deck answer turn on a size or scope condition the jurisdiction publishes.

Jurisdiction Permit Published figure What the rule says
Overland Park Depends 200 sq ft detached deck area; the deck must also be no more than 30 inches above grade and not serve an egress door.
Wichita Depends 30 inches deck with no overhead structure and not over any basement or story below.

Fence

All 2 make the fence answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number publish figures from 4 to 8 feet.

Jurisdiction Permit Published figure What the rule says
Overland Park Depends 4 feet new fence over 16 feet in cumulative length; any fence in the regulatory floodway needs a permit regardless.
Wichita Depends 8 feet fences other than concrete or masonry; concrete or masonry fences are measured at 4 feet from the bottom of the footing to the top of the wall.

Pool

All 2 make the pool answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number all publish 24 inches.

Jurisdiction Permit Published figure What the rule says
Overland Park Depends 24 inches pool, spa or hot tub depth; also triggered by more than 5,000 gallons, any in-ground installation, or a heater, lighting or hard-wired filter.
Wichita Depends 24 inches prefabricated pools with capacity of 5,000 gallons or less and walls entirely above ground.

Roof Replacement

All 2 make the roof replacement answer turn on a size or scope condition the jurisdiction publishes.

Jurisdiction Permit Published figure What the rule says
Overland Park Depends switching from a light roof covering to a heavy one (tile or slate), or structural roof deck repair.
Wichita Depends 400 sq ft roofing and/or siding repair or replacement within any 12-month period.

Shed

All 2 make the shed answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number publish figures from 25 to 200 sq ft.

Jurisdiction Permit Published figure What the rule says
Overland Park Depends 200 sq ft floor area of a detached accessory structure.
Wichita Depends 25 sq ft footprint of a non-fixed, movable storage cabinet with doors; any larger shed needs a location permit, and a building permit above 200 sq ft inside Wichita.

Patio

All 1 makes the patio answer turn on a size or scope condition the jurisdiction publishes. 1 publishes no answer we could verify.

Jurisdiction Permit Published figure What the rule says
Overland Park Depends on-grade concrete or brick patio that supports no structure.

If the work is already built

Kansas has no statewide crime for building without a permit, because the state does not adopt a residential building code or issue residential building permits. Cities and counties adopt building codes by reference and must write their own penalties: a city's incorporating ordinance must include a penal section within the limits authorized by law (K.S.A. 12-3011), and a county resolution must state its penalty in full (K.S.A. 12-3305).

Kansas penalties, the after-the-fact path, and what the statute actually says

1 of the 26 rules we hold for Kansas are unresolved because the jurisdiction publishes no answer; they are counted nowhere above. The 25 answered rules come from 10 official sources, each linked from the permit page behind every jurisdiction name. See the full picture for the state on the Kansas permit requirements page, or the national view of which projects need a permit at all on Do you need a building permit?

This page compiles what each Kansas jurisdiction publishes, with a last checked date. It is not legal advice, and a project that is exempt from a building permit can still need zoning approval or a trade permit. Confirm with the office linked from the jurisdiction's page before you build.