Building without a permit in Massachusetts

What Massachusetts law says

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.

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

The only state-level after-the-fact permitting provision in 780 CMR chapter 1 is for emergencies: under 105.2.1 and R105.2.1, 'Where replacements and repairs governed by 780 CMR must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.' There is no general as-built or retroactive permit process in the state code; unpermitted work is an unlawful act under 780 CMR 114.1, handled through notices of violation, stop work orders, and the c. 143 s. 94 penalties. Legalizing completed work is handled by local building officials through the ordinary permit process, which 780 CMR does not separately codify.

Cited from 780 CMR 105.2.1 and R105.2.1; 780 CMR 114 (10th ed.): 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 for the building permit itself: 780 CMR R105.3 says 'the owner or authorized agent shall file a permit application.' The construction supervisor license (CSL) rules contain an explicit homeowner exemption at 780 CMR 110.R5.1.3.1: 'Any homeowner performing work for which a building permit is required shall be exempt from the licensing provisions of 780 CMR 110.R5, provided that if a homeowner engages a person(s) for hire to do such work, then such homeowner shall act as supervisor.' 'Homeowner' is defined as a person who owns a parcel on which he or she resides or intends to reside with a one- or two-family dwelling; a person who constructs more than one home in a two-year period does not qualify. The exemption does not extend to the trades: plumbing and gas work requires licensure under M.G.L. c. 142, s. 3, which contains no homeowner exemption, and the electrician licensing exemptions in M.G.L. c. 141, s. 1A likewise do not include homeowners.

Cited from 780 CMR R105.3; 780 CMR 110.R5.1.3.1 (10th ed.); M.G.L. c. 142, s. 3; M.G.L. c. 141, s. 1A: official text.

Your local permit office

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

• Boston

Official sources

• https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter143/Section94
• https://www.mass.gov/doc/bbrs-10th-edition-building-code/download
• https://www.mass.gov/doc/248-cmr-300/download
• https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter143/Section3L