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Building without a permit in Utah

By Mario Bailey Last checked · 2 official sources

Quick answer

Utah law itself makes unpermitted building an offense. Inside a city or town, it is an infraction to erect, construct, reconstruct, alter, or change the use of any building without approval of a building permit (10-20-1001(2)(b)); an infraction is punishable by a fine of up to $750 and no jail (76-3-301(1)(e), 76-3-205).

Source: Utah Code 10-20-1001(1), (2)(b); 10-20-1002; 17-79-901(1), (2)(b); 17-79-902; 58-55-501(7); 58-55-503(2)(a), (5)(h); 76-3-204; 76-3-205; 76-3-301(1); 10-3-703. Details and the official text are cited below.

What Utah law says

Utah law itself makes unpermitted building an offense. Inside a city or town, it is an infraction to erect, construct, reconstruct, alter, or change the use of any building without approval of a building permit (10-20-1001(2)(b)); an infraction is punishable by a fine of up to $750 and no jail (76-3-301(1)(e), 76-3-205). In unincorporated county areas the same act is unlawful (17-79-901(2)(b)), and violating the county land use chapter or its ordinances is a class C misdemeanor, up to $750 and 90 days, or a civil penalty the county sets by ordinance after written notice and a chance to cure (17-79-902; 76-3-204(3)). Separately, the Construction Trades Licensing Act lists 'failing to obtain a building permit when required by law or rule' as unlawful conduct (58-55-501(7)), which is a class A misdemeanor, up to $2,500 and 364 days (58-55-503(2)(a), 76-3-301(1)(c), 76-3-204(1)), and the Division of Professional Licensing (DOPL) may instead cite it with fines of up to $1,000 for a first offense, $2,000 for a second, and $2,000 per day for later offenses (58-55-503(5)(h)). Cities and counties enforce permits locally and may also sue to enjoin, abate, or remove an unlawful building (10-20-1001(1), 17-79-901(1)).

Cited from Utah Code 10-20-1001(1), (2)(b); 10-20-1002; 17-79-901(1), (2)(b); 17-79-902; 58-55-501(7); 58-55-503(2)(a), (5)(h); 76-3-204; 76-3-205; 76-3-301(1); 10-3-703: 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 Utah statute sets an after-the-fact or as-built permit procedure or a fee multiplier for work done without a permit; legalizing it runs through the local building department that has jurisdiction, which is responsible for inspection and enforcement (15A-1-207(1)). State law shapes the outcome: a city may not issue a building permit unless the plans fully conform to all regulations then in effect, may enforce its ordinances by withholding a building permit or certificate of occupancy, and may bring injunction, abatement, or removal proceedings against an unlawful building, needing only to establish the violation to get an injunction (10-20-1001(1), (2)(a), (2)(c)); counties have the same powers (17-79-901). Before a city or county imposes a civil penalty on an owner of record, it must give written notice of each violation, a reasonable opportunity to cure, and a schedule of the penalties that will apply after a set time (10-20-1002(3), 17-79-902(3)).

Cited from Utah Code 15A-1-207(1); 10-20-1001(1), (2)(a), (2)(c); 10-20-1002(3); 17-79-901; 17-79-902(3): 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, within limits. A sole owner of property may build without a contractor license no more than one residential structure per year, and no more than three per five years, on their own property for their own noncommercial, nonpublic use, plus incidental structures such as a shed, carport, or detached garage (58-55-305(1)(d)). Unpaid helpers working under the owner's direction for token compensation are also exempt, but anyone else who builds the home must be licensed if the work requires it (58-55-305(1)(d)(i), (1)(e)). Owners and lessees, and their regular employees, are exempt when maintaining the property (58-55-305(1)(j)). The state's standardized permit form records whether the applicant is an original contractor or an owner-builder (15A-1-209(3)(b)(vi)), and a building department that issues a permit to an owner under this exemption must notify DOPL (58-55-305(2)). No state owner-builder disclosure form or resale restriction was found.

Cited from Utah Code 58-55-305(1)(d), (e), (j), (2); 15A-1-209(3)(b)(vi): official text.

Common questions about unpermitted work in Utah

What is the penalty for building without a permit in Utah?
Utah law itself makes unpermitted building an offense. Inside a city or town, it is an infraction to erect, construct, reconstruct, alter, or change the use of any building without approval of a building permit (10-20-1001(2)(b)); an infraction is punishable by a fine of up to $750 and no jail (76-3-301(1)(e), 76-3-205). (Utah Code 10-20-1001(1), (2)(b); 10-20-1002; 17-79-901(1), (2)(b); 17-79-902; 58-55-501(7); 58-55-503(2)(a), (5)(h); 76-3-204; 76-3-205; 76-3-301(1); 10-3-703)
Can you get a permit after the work is done in Utah?
No Utah statute sets an after-the-fact or as-built permit procedure or a fee multiplier for work done without a permit; legalizing it runs through the local building department that has jurisdiction, which is responsible for inspection and enforcement (15A-1-207(1)). State law shapes the outcome: a city may not issue a building permit unless the plans fully conform to all regulations then in effect, may enforce its ordinances by withholding a building permit or certificate of occupancy, and may bring injunction, abatement, or removal proceedings against an unlawful building, needing only to establish the violation to get an injunction (10-20-1001(1), (2)(a), (2)(c)); counties have the same powers (17-79-901). (Utah Code 15A-1-207(1); 10-20-1001(1), (2)(a), (2)(c); 10-20-1002(3); 17-79-901; 17-79-902(3))
Who can pull a permit in Utah?
Yes, within limits. A sole owner of property may build without a contractor license no more than one residential structure per year, and no more than three per five years, on their own property for their own noncommercial, nonpublic use, plus incidental structures such as a shed, carport, or detached garage (58-55-305(1)(d)). (Utah Code 58-55-305(1)(d), (e), (j), (2); 15A-1-209(3)(b)(vi))

Related situations in Utah

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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 Utah.