New York · Penalties if you skip one

What you can build without a permit in New York

By Mario Bailey Last checked · 36 official sources

Quick answer

Across the 5 New York jurisdictions we have verified, 0 of 47 project rules need no permit at all, 31 turn on a size or scope condition the jurisdiction publishes, and 16 require a permit regardless. Fence work is where the answer most often comes with a published condition rather than a flat yes: 4 of the 5 jurisdictions that answer publish one. The numbers are not statewide: fence thresholds alone run from 2 to 6 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.

Fence

4 of 5 make the fence answer turn on a size or scope condition the jurisdiction publishes, and the 3 that state a number publish figures from 2 to 6 feet. Town of Hempstead requires a permit for fence work regardless of size.

Jurisdiction Permit Published figure What the rule says
Buffalo Depends fence forms part of an enclosure surrounding a swimming pool, or a pond over two feet deep.
New York City Depends 6 feet fences accessory to one- and two-family dwellings, measured from the higher of the two adjoining grades.
Rochester Depends 2 feet height of a fence, wall or retaining wall above average grade.
Town of Brookhaven Depends 4 feet fence taller than four feet in a secondary front yard on a corner lot or through lot.
Town of Hempstead Permit required The Town of Hempstead Department of Buildings issues residential fence permits for the unincorporated areas of the town only.

Plumbing

4 of 5 make the plumbing answer turn on a size or scope condition the jurisdiction publishes. Town of Hempstead requires a permit for plumbing work regardless of size.

Jurisdiction Permit Published figure What the rule says
Buffalo Depends 20 linear feet repair or replacement of sections of the water distribution system totaling less than that length.
New York City Depends direct replacement of an existing fixture or faucet that does not alter the hot and cold shutoff valves or the fixture trap.
Rochester Depends Rochester requires a plumbing permit for plumbing work as defined by Chapter 40 of the City Code, and City Code Section 39-308A states that no regulated plumbing work may be performed by anyone without first obtaining a permit.
Town of Brookhaven Depends minor repairs to existing plumbing systems.
Town of Hempstead Permit required Plumbing is a separate permit from the building permit in the Town of Hempstead, and it must be filed by a plumber holding a Town of Hempstead master plumber license, not by the homeowner.

Pool

4 of 5 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. Town of Hempstead requires a permit for pool work regardless of size.

Jurisdiction Permit Published figure What the rule says
Buffalo Depends 24 inches pool designed for that water depth or more, or installed other than entirely above ground, at a one- or two-family dwelling or townhouse.
New York City Depends 400 sq ft outdoor in-ground or above-ground pools accessory to a one- or two-family dwelling, where the distance from the edge of an in-ground pool to any building or lot line exceeds the depth of the deepest part of the pool and a slop sink for indirect waste already exists or is installed under a plumbing permit.
Rochester Depends 24 inches pool accessory to a one- or two-family dwelling and installed entirely above ground.
Town of Brookhaven Depends 18 inches below grade pool structure extending more than 18 inches below grade, measuring how far the pool sits below grade and not the depth of the water, which is the code's test for an in-ground pool.
Town of Hempstead Permit required Both in-ground and above ground pools are permitted work in the Town of Hempstead, and the Department of Buildings publishes separate filing instruction sheets for each; the above ground sheet also covers hot tubs and spas, with no published size or depth below which the filing is waived.

Shed

4 of 5 make the shed answer turn on a size or scope condition the jurisdiction publishes, and the 4 that state a number publish figures from 120 to 144 sq ft. Town of Hempstead requires a permit for shed work regardless of size.

Jurisdiction Permit Published figure What the rule says
Buffalo Depends 144 sq ft gross floor area of a one story detached tool or storage shed, playhouse or similar accessory building at a one- or two-family dwelling or townhouse.
New York City Depends 120 sq ft temporary portable freestanding sheds accessory to a one- or two-family dwelling that are also no more than 7 feet 6 inches high, at least 3 feet from every lot line, used for household storage, do not obstruct a required window, and are the only such shed on the tax lot.
Rochester Depends 144 sq ft gross floor area of a one-story detached storage shed accessory to a one- or two-family dwelling.
Town of Brookhaven Depends 144 sq ft detached one-story storage shed larger than 144 square feet, or any shed not located in the rear yard.
Town of Hempstead Permit required A shed is filed as a building permit with the Department of Buildings, and the Department publishes a shed instruction sheet listing the required Affidavit of Property Owner, unaltered survey, plot plan showing the shed dimensions and distance to the property line, construction drawings or the manufacturer's specifications for a prefabricated shed, and a notarized Affidavit of No Plumbing or Electrical.

Electrical

3 of 5 make the electrical answer turn on a size or scope condition the jurisdiction publishes. Town of Brookhaven and Town of Hempstead require a permit for electrical work regardless of size.

Jurisdiction Permit Published figure What the rule says
Buffalo Depends repair or in-kind replacement of a short published list of low-voltage devices, light fixtures and fans at an existing one- or two-family dwelling.
New York City Depends DOB requires an electrical permit for most electrical work, including handling of electrical wires in a residential home, and only an electrical contractor licensed by DOB may perform it and hold the permit.
Rochester Depends Rochester requires an electrical permit for all planned electrical work operating above 50 volts, and for work under 50 volts where the National Electrical Code reaches it, subject to the exceptions in City Code Section 39-304(C).
Town of Brookhaven Permit required This is a jurisdictional handoff, and it is the answer.
Town of Hempstead Permit required This is a jurisdictional handoff, and it is the answer rather than a gap: the Town of Hempstead does not issue electrical permits.

HVAC

3 of 5 make the HVAC answer turn on a size or scope condition the jurisdiction publishes. Buffalo and Town of Hempstead require a permit for HVAC work regardless of size.

Jurisdiction Permit Published figure What the rule says
New York City Depends 5 tons packaged air-conditioning units installed in an existing one- or two-family dwelling that are not part of an alteration otherwise requiring a permit; the same exemption is capped at 3 tons in all other buildings.
Rochester Depends Rochester requires a permit for new HVAC installations and for replacements that are not like-kind.
Town of Brookhaven Depends installation of listed portable heating, ventilation or cooling equipment or appliances.
Buffalo Permit required Buffalo runs HVAC through its Fuel Devices office as a separate heating permit, not as part of the building permit.
Town of Hempstead Permit required The Town of Hempstead charges and therefore issues a permit for the installation or alteration of major heating, air conditioning, ventilation, exhaust, refrigeration and water cooling systems, and the Department of Buildings publishes a filing instruction sheet for residential air conditioning and generators.

Roof Replacement

3 of 4 make the roof replacement answer turn on a size or scope condition the jurisdiction publishes. Buffalo requires a permit for roof replacement work regardless of size. 1 publishes no answer we could verify.

Jurisdiction Permit Published figure What the rule says
New York City Depends the permit requirement turns on whether the roof deck or sheathing is replaced, and on whether the NYC Energy Conservation Code calls for additional thermal insulation.
Rochester Depends 50 percent share of the total roof area involved in the repair or covered by an added roof layer.
Town of Brookhaven Depends repair work that has no impact on fire and life safety, meaning no impact on the structural system, the required means of egress, or the fire protection system.
Buffalo Permit required Buffalo states that a building permit is always required except for a short published list, and roof replacement is not on it.

Patio

All 3 make the patio answer turn on a size or scope condition the jurisdiction publishes. 2 publish no answer we could verify.

Jurisdiction Permit Published figure What the rule says
Buffalo Depends patio built as flatwork or paving at existing grade at an existing one- or two-family dwelling site.
Rochester Depends 2,000 sq ft aggregate size of a paved area or of an addition to a paved area.
Town of Brookhaven Depends patio rising more than eight inches above grade at any point.

Deck

2 of 5 make the deck answer turn on a size or scope condition the jurisdiction publishes, and the 2 that state a number publish figures from 8 to 18 inches. Buffalo, New York City and Town of Hempstead require a permit for deck work regardless of size.

Jurisdiction Permit Published figure What the rule says
Rochester Depends 18 inches height of the deck surface above grade.
Town of Brookhaven Depends 8 inches deck rising more than eight inches above grade at any point.
Buffalo Permit required Decks are named directly in the Department of Permit and Inspection Services list of work it permits, and they appear nowhere on Buffalo's exemption list.
New York City Permit required DOB requires a work permit for every new or altered deck or porch, with no size or height exemption published.
Town of Hempstead Permit required The Department of Buildings takes residential decks as building permit applications and publishes a deck instruction sheet requiring a notarized Affidavit of Property Owner, a recent unaltered survey, a plot plan and complete construction drawings suitable for a New York State code review.

Solar

1 of 5 makes the solar answer turn on a size or scope condition the jurisdiction publishes. 4 require a permit for solar work regardless of size.

Jurisdiction Permit Published figure What the rule says
New York City Depends solar landscape lights are the only solar work DOB exempts from permit.
Buffalo Permit required Buffalo requires two separate permits for a solar installation, a Repair permit for the mounting and building work and an Electrical permit for the wiring and interconnection.
Rochester Permit required Rochester requires a permit for every solar installation and publishes no exemption.
Town of Brookhaven Permit required Solar panels need a Town of Brookhaven building permit, and 'Solar Panels' is one of the residential permit types the town lists for its online application.
Town of Hempstead Permit required Solar photovoltaic installations are filed as building permits with the Department of Buildings, which publishes a solar filing instruction sheet.

Jurisdictions not in the tables

Town of Hempstead publishes no exemption for any project we checked: every answered rule there requires a permit.

If the work is already built

New York runs two entirely separate systems and the dividing line is the New York City boundary. Outside New York City the state Uniform Fire Prevention and Building Code applies and Executive Law 382(2) is the penalty provision: a person served with an order to remedy who fails to comply within the time fixed, and any owner, builder, architect, tenant, contractor, subcontractor or construction superintendent who knowingly violates the uniform code or a lawful order made under it, is punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both, for the first 180 days.

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

3 of the 50 rules we hold for New York are unresolved because the jurisdiction publishes no answer; they are counted nowhere above. The 47 answered rules come from 36 official sources, each linked from the permit page behind every jurisdiction name. See the full picture for the state on the New York 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 York 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.