New Mexico · Penalties in every state · What needs no permit here

Building without a permit in New Mexico

By Mario Bailey Last checked · 2 official sources

Quick answer

New Mexico runs permitting statewide under the Construction Industries Licensing Act (CILA): the Construction Industries Division (CID) of the Regulation and Licensing Department, or a city or county building department enforcing the same state codes, is the authority having jurisdiction (AHJ). State rule 14.5.2.16 NMAC sets the failure-to-permit consequence for licensed contractors: when a licensee starts permit-required work before the permit is issued, the AHJ may charge twice the usual permit and inspection fees for a first violation, and later violations are disciplined under the administrative penalty in NMSA 60-13-23.1 ($300 to $500 where the work is $5,000 or less; above that, up to 10% of the value of the work but not less than $500; doubled for a licensee previously penalized, suspended or revoked).

Source: 14.5.2.16 NMAC; NMSA 1978, 60-13-23(A), 60-13-23.1, 60-13-53. Details and the official text are cited below.

What New Mexico law says

New Mexico runs permitting statewide under the Construction Industries Licensing Act (CILA): the Construction Industries Division (CID) of the Regulation and Licensing Department, or a city or county building department enforcing the same state codes, is the authority having jurisdiction (AHJ). State rule 14.5.2.16 NMAC sets the failure-to-permit consequence for licensed contractors: when a licensee starts permit-required work before the permit is issued, the AHJ may charge twice the usual permit and inspection fees for a first violation, and later violations are disciplined under the administrative penalty in NMSA 60-13-23.1 ($300 to $500 where the work is $5,000 or less; above that, up to 10% of the value of the work but not less than $500; doubled for a licensee previously penalized, suspended or revoked). The AHJ may instead refer the violation to CID for disciplinary action, and the Construction Industries Commission must suspend or revoke a license for willful violation of the act or its rules (60-13-23). The commission or CID may also enforce the act in district court by injunction or mandamus (60-13-53). CILA does not make building without a permit a crime in itself; its misdemeanor (60-13-52) is for contracting without a license.

Cited from 14.5.2.16 NMAC; NMSA 1978, 60-13-23(A), 60-13-23.1, 60-13-53: 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 New Mexico statute or CID rule creates an as-built or retroactive permit by name. The legalization path is the ordinary permit plus the 14.5.2.16 NMAC penalty: for a licensee, a permit obtained after work began costs twice the usual permit and inspection fees on a first violation. An inspector, after verification by the trade bureau chief or other AHJ, may issue a written stop work order for work not properly permitted, and the work may not resume until the AHJ or inspector authorizes it in writing (14.5.3.10 NMAC). Work covered before it is inspected and approved may be ordered uncovered (14.5.3.8(F) NMAC), and a reinspection fee is charged when work is covered prior to inspection (14.5.3.9(G)). Work done after a permit expires or is cancelled is treated as unpermitted work under the same rules (14.5.2.14(D)).

Cited from 14.5.3.10 NMAC; 14.5.3.8(F) NMAC; 14.5.3.9(G) NMAC; 14.5.2.14(D) NMAC; 14.5.2.16 NMAC: 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, with tight limits. CILA exempts from the contractor definition an individual who, alone or with wage-paid help, builds or makes installations, alterations or repairs to a single-family dwelling he owns and occupies or will occupy (60-13-3(D)(10)), and a person building or improving a single-family residence for personal use (60-13-3(D)(11)). The work must still meet all state codes, and CID's homeowner permit (14.5.2.18 NMAC) applies only to the owner's primary residence and its garages, carports and sheds, never to rental, other owned or commercial property. The homeowner must perform the major portion of the work by dollar amount and file a signed, notarized responsibility sheet. A homeowner electrical permit requires passing a CID homeowner electrical exam (75% to pass), a plumbing permit requires a competency showing that may include a written exam, and no homeowner permit is issued for HVAC, natural gas or LP gas work. The project may not be put on the market while under construction (doing so voids the permit and can bring unlicensed contracting charges), and only one single-family homeowner permit may be issued to the same owner in any 12-month period.

Cited from NMSA 1978, 60-13-3(D)(10), (11); 14.5.2.8(B) NMAC; 14.5.2.18 NMAC: official text.

Common questions about unpermitted work in New Mexico

What is the penalty for building without a permit in New Mexico?
New Mexico runs permitting statewide under the Construction Industries Licensing Act (CILA): the Construction Industries Division (CID) of the Regulation and Licensing Department, or a city or county building department enforcing the same state codes, is the authority having jurisdiction (AHJ). State rule 14.5.2.16 NMAC sets the failure-to-permit consequence for licensed contractors: when a licensee starts permit-required work before the permit is issued, the AHJ may charge twice the usual permit and inspection fees for a first violation, and later violations are disciplined under the administrative penalty in NMSA 60-13-23.1 ($300 to $500 where the work is $5,000 or less; above that, up to 10% of the value of the work but not less than $500; doubled for a licensee previously penalized, suspended or revoked). (14.5.2.16 NMAC; NMSA 1978, 60-13-23(A), 60-13-23.1, 60-13-53)
Can you get a permit after the work is done in New Mexico?
No New Mexico statute or CID rule creates an as-built or retroactive permit by name. The legalization path is the ordinary permit plus the 14.5.2.16 NMAC penalty: for a licensee, a permit obtained after work began costs twice the usual permit and inspection fees on a first violation. (14.5.3.10 NMAC; 14.5.3.8(F) NMAC; 14.5.3.9(G) NMAC; 14.5.2.14(D) NMAC; 14.5.2.16 NMAC)
Who can pull a permit in New Mexico?
Yes, with tight limits. CILA exempts from the contractor definition an individual who, alone or with wage-paid help, builds or makes installations, alterations or repairs to a single-family dwelling he owns and occupies or will occupy (60-13-3(D)(10)), and a person building or improving a single-family residence for personal use (60-13-3(D)(11)). (NMSA 1978, 60-13-3(D)(10), (11); 14.5.2.8(B) NMAC; 14.5.2.18 NMAC)

Was a permit needed in the first place?

Not every project needs one. Across the 2 New Mexico jurisdictions we have verified, 0 answered rules need no permit at all and 16 turn on a size or scope condition the jurisdiction publishes. If the work falls under one of those, the question changes from penalties to paperwork.

What you can build without a permit in New Mexico, jurisdiction by jurisdiction

Related situations in New Mexico

How New Mexico compares: building without a permit, state by state.

See which parts of the work needed a permit, then send us the details

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Official sources

This page summarizes state law from the official sources listed above, with a last checked date. It is not legal advice. Penalties and procedures are applied by local offices and courts case by case; for anything contested or high stakes, confirm with your permit office or a licensed professional in New Mexico.