Rhode Island · Penalties in every state

Building without a permit in Rhode Island

By Mario Bailey Last checked · 6 official sources

Quick answer

Rhode Island has one statewide building code, and its penalty applies everywhere in the state: every person who violates any provision of the code can be punished by up to one year in the Adult Correctional Institutions, a fine of up to $500, or both, for each violation, and each day any part of a violation continues is a separate offense (23-27.3-122.3). The state code makes it unlawful to build, enlarge, alter, remove or demolish a building, or to install or alter regulated equipment, without first applying to the local building official and obtaining the permit (23-27.3-113.1).

Source: R.I. Gen. Laws 23-27.3-113.1; 23-27.3-122.1; 23-27.3-122.2; 23-27.3-122.3; 23-27.3-122.4; 23-27.3-123.1; 23-27.3-123.2. Details and the official text are cited below.

What Rhode Island law says

Rhode Island has one statewide building code, and its penalty applies everywhere in the state: every person who violates any provision of the code can be punished by up to one year in the Adult Correctional Institutions, a fine of up to $500, or both, for each violation, and each day any part of a violation continues is a separate offense (23-27.3-122.3). The state code makes it unlawful to build, enlarge, alter, remove or demolish a building, or to install or alter regulated equipment, without first applying to the local building official and obtaining the permit (23-27.3-113.1). Enforcement is local: the building official serves a notice of violation, and if it is not answered and corrections scheduled and completed within 30 days, the official may ask the city or town's lawyer to go to court to restrain, correct or abate the violation (23-27.3-122.1, 122.2). Anyone who keeps working after being served a stop-work order is liable to the same prosecution (23-27.3-123.2).

Cited from R.I. Gen. Laws 23-27.3-113.1; 23-27.3-122.1; 23-27.3-122.2; 23-27.3-122.3; 23-27.3-122.4; 23-27.3-123.1; 23-27.3-123.2: 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 Rhode Island statute or state rule sets an after-the-fact permit process or a fee multiplier for work done without a permit. The path the statute does set is the violation process: the building official serves a notice of violation ordering the illegal work stopped and the violation abated (23-27.3-122.1), the owner has 30 days to answer and schedule approved corrections before the official may take the matter to court (23-27.3-122.2), and the official may stop work in writing, stating the conditions under which it may resume (23-27.3-123.1). Regulated equipment such as plumbing, gas piping, electric wiring and heating systems may not be used until the building official issues a certificate of approval (23-27.3-103.0). Permit fees in every city and town are set by a state formula (23-27.3-119.0; 510-RICR-00-00-21), and the municipal fee schedules in that rule contain no late or penalty fee.

Cited from R.I. Gen. Laws 23-27.3-103.0; 23-27.3-119.0; 23-27.3-122.1; 23-27.3-122.2; 23-27.3-123.1; 510-RICR-00-00-21: 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. The owner or lessee of a building may apply for the permit (23-27.3-113.3). The owner/occupant of a single-family dwelling is exempt from the state rule that licensed plumbing, mechanical, electrical and fire alarm work be signed for by a licensed person, but must still obtain a permit, be inspected, get approval before using the work, and must do the licensed work without the assistance of others (23-27.3-113.3.1(b)); a parallel exemption from contractor registration requires doing the work without compensated help (23-27.3-113.3.2(b)). The electrical licensing law lets an owner wire a single-family or two-family dwelling they live in or are about to live in (5-6-29(c)), and the mechanical law lets an owner who will occupy a single-family home install pipefitting, refrigeration, sheet metal or sprinkler work after approval and with a permit (28-27-6.1). An owner who builds or arranges construction to sell must register as a contractor, and not occupying the structure for one calendar year after completion is prima facie evidence of intent to sell (5-65-2(a)(5)).

Cited from R.I. Gen. Laws 23-27.3-113.3; 23-27.3-113.3.1(b); 23-27.3-113.3.2(b); 5-6-29(c); 28-27-6.1; 5-65-2(a)(1), (5), (6): official text.

Common questions about unpermitted work in Rhode Island

What is the penalty for building without a permit in Rhode Island?
Rhode Island has one statewide building code, and its penalty applies everywhere in the state: every person who violates any provision of the code can be punished by up to one year in the Adult Correctional Institutions, a fine of up to $500, or both, for each violation, and each day any part of a violation continues is a separate offense (23-27.3-122.3). The state code makes it unlawful to build, enlarge, alter, remove or demolish a building, or to install or alter regulated equipment, without first applying to the local building official and obtaining the permit (23-27.3-113.1). (R.I. Gen. Laws 23-27.3-113.1; 23-27.3-122.1; 23-27.3-122.2; 23-27.3-122.3; 23-27.3-122.4; 23-27.3-123.1; 23-27.3-123.2)
Can you get a permit after the work is done in Rhode Island?
No Rhode Island statute or state rule sets an after-the-fact permit process or a fee multiplier for work done without a permit. The path the statute does set is the violation process: the building official serves a notice of violation ordering the illegal work stopped and the violation abated (23-27.3-122.1), the owner has 30 days to answer and schedule approved corrections before the official may take the matter to court (23-27.3-122.2), and the official may stop work in writing, stating the conditions under which it may resume (23-27.3-123.1). (R.I. Gen. Laws 23-27.3-103.0; 23-27.3-119.0; 23-27.3-122.1; 23-27.3-122.2; 23-27.3-123.1; 510-RICR-00-00-21)
Who can pull a permit in Rhode Island?
Yes. The owner or lessee of a building may apply for the permit (23-27.3-113.3). The owner/occupant of a single-family dwelling is exempt from the state rule that licensed plumbing, mechanical, electrical and fire alarm work be signed for by a licensed person, but must still obtain a permit, be inspected, get approval before using the work, and must do the licensed work without the assistance of others (23-27.3-113.3.1(b)); a parallel exemption from contractor registration requires doing the work without compensated help (23-27.3-113.3.2(b)). (R.I. Gen. Laws 23-27.3-113.3; 23-27.3-113.3.1(b); 23-27.3-113.3.2(b); 5-6-29(c); 28-27-6.1; 5-65-2(a)(1), (5), (6))

Related situations in Rhode Island

How Rhode Island compares: building without a permit, state by state.

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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 Rhode Island.