What you can build without a permit in New Mexico

By Mario Bailey Last checked 23 Oct 2026 · 8 official sources

Quick answer

Across the 2 New Mexico jurisdictions we have verified, 0 of 26 project rules need no permit at all, 16 turn on a size or scope condition the jurisdiction publishes, and 10 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: pool thresholds alone run from 24 to 54 inches 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
Albuquerque	Depends		Finish work and same-configuration fixture swaps are exempt; altered piping, new wiring or structural changes need permits.
Bernalillo County	Depends		Bernalillo County publishes no bathroom-specific rule; its exemption list decides it.

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 30 inches.

Jurisdiction	Permit	Published figure	What the rule says
Albuquerque	Depends	30 inches	Platforms not over a story or basement below and not part of an accessible route.
Bernalillo County	Depends	30 inches	height of a platform above grade; also not over a basement or story below and not part of an accessible route.

Electrical

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

Jurisdiction	Permit	Published figure	What the rule says
Albuquerque	Depends		Like-for-like repair or replacement of receptacles, switch parts and fixed listed appliances is exempt; new or altered wiring, devices and equipment needs a permit.
Bernalillo County	Depends		Bernalillo County, not the state, issues residential electrical permits (Accela type ELRE) in the unincorporated area; licensed contractors apply online through Accela Citizen Access, and homeowners may pull an electrical permit for their own home after passing the county's $25 homeowner electrical exam.

Plumbing

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

Jurisdiction	Permit	Published figure	What the rule says
Albuquerque	Depends		Stopping leaks, clearing stoppages and replacing fixtures with the same type of configuration are exempt; new or altered piping needs a permit.
Bernalillo County	Depends		The county says it is unlawful for any person to perform any plumbing installation or alteration without first obtaining a county plumbing permit (Accela type PGRE).

Pool

All 2 make the pool answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number publish figures from 24 to 54 inches.

Jurisdiction	Permit	Published figure	What the rule says
Albuquerque	Depends	54 inches	Prefabricated pools installed entirely above ground, not exceeding 5,000 gallons, accessory to a building under the International Residential Code.
Bernalillo County	Depends	24 inches	prefabricated pool accessory to a Group R-3 dwelling, installed entirely above ground, capacity not over 5,000 gallons.

Shed

All 2 make the shed answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number all publish 120 sq ft.

Jurisdiction	Permit	Published figure	What the rule says
Albuquerque	Depends	120 sq ft	Building area of a one-story detached accessory building used as a tool or storage shed, playhouse or similar use.
Bernalillo County	Depends	120 sq ft	one-story detached accessory building used as a tool or storage shed, playhouse or similar use.

EV Charger

1 of 2 makes the EV charger answer turn on a size or scope condition the jurisdiction publishes. Albuquerque requires a permit for EV charger work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Bernalillo County	Depends		Bernalillo County publishes no EV charger rule, so the electrical permit rule decides it.
Albuquerque	Permit required		Albuquerque publishes nothing EV-specific; installing a charger is installation of equipment or wiring, which needs a City electrical permit.

Fence

1 of 2 makes the fence answer turn on a size or scope condition the jurisdiction publishes. Albuquerque requires a permit for fence work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Bernalillo County	Depends	6 feet	height of a fence or freestanding masonry wall above grade, measured on the lowest side; open-style fences such as chain-link any height as determined by the building official.
Albuquerque	Permit required		The City of Albuquerque issues its own building, electrical, plumbing and mechanical permits inside city limits through the Planning Department's Building Safety Division, which "issues building and trade permits" under the Uniform Administrative Code of the City of Albuquerque; the state Construction Industries Division (CID) does not issue trade permits here, and the City's code replaces Chapter 1 of each New Mexico technical code with its own administrative chapter.

HVAC

1 of 2 makes the HVAC answer turn on a size or scope condition the jurisdiction publishes. Albuquerque requires a permit for HVAC work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Bernalillo County	Depends		Bernalillo County issues residential mechanical permits (Accela type MGRE) itself, applied for online through Accela Citizen Access by a state-licensed contractor.
Albuquerque	Permit required		Heating or cooling work needs a City plumbing/mechanical permit, and installing equipment or ductwork can only be done by a licensed contractor.

Patio

1 of 2 makes the patio answer turn on a size or scope condition the jurisdiction publishes. Bernalillo County requires a permit for patio work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Albuquerque	Depends		Covered versus uncovered: a patio cover or porch needs a building permit; an uncovered at-grade slab falls under the exemption for platforms and walks.
Bernalillo County	Permit required		Bernalillo County's Detailed Property Zone Permit Information chart answers "Yes" (permit required) for patios in every zone it lists (A-1, A-2, R-1, R-2 and M-H), with no size or cover condition.

If the work is already built

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).

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

The 26 answered rules come from 8 official sources, each linked from the permit page behind every jurisdiction name. See the full picture for the state on the New Mexico 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 New Mexico 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.