Massachusetts · Penalties if you skip one
What you can build without a permit in Massachusetts
By Mario Bailey Last checked · 11 official sources
Quick answer
Across the 2 Massachusetts jurisdictions we have verified, 0 of 21 project rules need no permit at all, 8 turn on a size or scope condition the jurisdiction publishes, and 13 require a permit regardless. Deck 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 6 to 7 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.
Deck
All 2 make the deck answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number all publish 200 sq ft.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Boston | Depends | 200 sq ft | detached decks not more than 30 inches above grade and under 200 sq ft that do not serve an exit door may be exempt. |
| Worcester | Depends | 200 sq ft | deck area, where the deck is also no more than 30 inches above grade at any point, is not attached to the dwelling, and does not serve a required exit door. |
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 6 to 7 feet.
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 120 to 200 sq ft.
Pool
1 of 2 makes the pool answer turn on a size or scope condition the jurisdiction publishes. Boston requires a permit for pool work regardless of size.
Bathroom Remodel
All 1 makes the bathroom remodel answer turn on a size or scope condition the jurisdiction publishes.
| Jurisdiction | Permit | Published figure | What the rule says |
|---|---|---|---|
| Boston | Depends | Depends on scope. |
If the work is already built
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.
Massachusetts penalties, the after-the-fact path, and what the statute actually says
2 of the 23 rules we hold for Massachusetts are unresolved because the jurisdiction publishes no answer; they are counted nowhere above. The 21 answered rules come from 11 official sources, each linked from the permit page behind every jurisdiction name. See the full picture for the state on the Massachusetts 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 Massachusetts 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.