Do You Need a Permit? And Who Is Supposed to Pull It

Permits are the part of a home improvement project homeowners most want to skip. They add time, they add cost, and it is genuinely tempting to believe nobody will notice.

Nobody notices right up until you sell the house. Then everybody notices.

The Only Reliable Answer Is Local

Permit requirements are set locally, by your city or county building department, and they vary far more than people expect. Two neighbouring jurisdictions can have materially different rules for the same fence.

So treat everything below as a guide to what usually applies, and confirm with your local building department before work starts. Most publish requirements online, and most will answer a direct question by phone in a few minutes. That call is the cheapest insurance available on any project.

Projects That Usually Need a Permit

Roof replacement. A full tear-off and replacement typically requires a permit, because it involves structural and fire safety considerations. Some jurisdictions exempt like-for-like reroofing with similar-weight material, and rules on replacing sheathing vary. Minor repairs are frequently exempt.

Decks. Commonly triggered by size or height. A deck of roughly 200 square feet or more generally requires a permit, and many jurisdictions also exempt uncovered decks whose surface sits below about 30 inches above grade, provided the work does not affect egress. Anything attached to the house, roofed, or carrying a hot tub is far more likely to need one.

Fences. Usually governed by height, and by zoning as much as building code. Many places allow fences up to a certain height without a permit, with thresholds varying widely by jurisdiction. Corner lots, front-yard fences, and anything near a boundary or sightline often face additional restrictions.

Almost always required:

Structural changes, including removing or altering load-bearing walls
Additions and any increase in footprint
New electrical circuits, panel upgrades, and most rewiring
Plumbing beyond simple fixture swaps, especially anything moving pipes
HVAC installation and replacement
Window and door openings that change size
Converting a space into a bedroom or living area
Pools, spas, and retaining walls above a certain height

Usually not required: painting, wallpapering, flooring over existing subfloor, cabinet replacement without plumbing or electrical changes, minor repairs, and like-for-like fixture swaps.

The Contractor Should Pull the Permit

You will occasionally be asked to pull the permit yourself, sometimes framed as saving money or moving faster. Be cautious.

When the contractor pulls the permit, they are on record as the responsible party for code compliance. If the work fails inspection, it is their problem to correct.

When you pull it as the homeowner, you become the responsible party. You own the code compliance, you own the failed inspection, and you own the liability. Homeowners are typically permitted to pull permits for work on their own primary residence, which is exactly what makes the request possible.

Ask yourself why they are asking. The common reasons are not good ones:

They are not licensed for this work, and cannot pull the permit.
Their license is expired or suspended.
They have a history with the building department they would rather not revisit.
They intend to work in a way that would not pass inspection.

There are honest exceptions. Some homeowners genuinely prefer to manage permits on projects where they are acting as their own general contractor. But if a contractor is running the job, the contractor should pull the permit, and reluctance is worth a direct question.

Whoever pulls it, put the answer in the contract, including who pays the fee.

What Unpermitted Work Actually Costs

The risks are not theoretical, and they compound over time.

At resale. This is where it usually surfaces. Buyers' agents and inspectors look for work that does not match public records. Unpermitted work can force a price reduction, kill a sale outright, or require you to retroactively permit the work, which sometimes means opening up finished construction so an inspector can see behind it.

Insurance. An insurer may decline a claim arising from unpermitted work. A fire traced to unpermitted wiring is exactly the scenario policies are written to exclude.

Enforcement. Building departments can issue stop-work orders, fines, and in serious cases require removal of the work. Neighbours complain more often than people expect, particularly about fences and decks.

Safety. Inspections catch real problems. Undersized beams, improper deck ledger attachment, and overloaded circuits are common findings, and deck collapses are frequently traced to ledger connections that an inspection would have rejected.

Refinancing and equity. Appraisers may decline to count unpermitted square footage, so a converted garage or finished basement can add nothing to your valuation.

Building the Permit Into Your Project

Practical steps:

Ask about permits during quoting, not after choosing. It is a useful test: contractors who answer specifically are usually the ones who deal with the building department routinely.

Compare quotes on the same basis. A quote excluding permits looks cheaper than one including them, for no real reason.

Allow time in the schedule. Turnaround ranges from same-day over the counter to several weeks, depending on jurisdiction and project.

Check the permit was actually issued. Ask for a copy. Many jurisdictions let you verify online against the property address.

Do not pay the final invoice before final inspection passes. This is one of the strongest arguments for retainage. Final sign-off is the proof the work met code.

Keep the permit and inspection records with your house documents. At resale they are exactly what a buyer wants to see.

Frequently Asked Questions

What if I already did work without a permit?

You generally have three options. You can apply for a retroactive permit, sometimes called legalising or permitting after the fact, which typically involves fees, possible penalties, and an inspection that may require opening finished surfaces so the work can be assessed. You can leave it and disclose it at sale, accepting that it will likely affect price and may deter buyers, and noting that most states require disclosure of known unpermitted work. Or you can remove the work. Which makes sense depends on the scale and the risk: unpermitted electrical or structural work is worth resolving promptly on safety grounds alone, while a slightly oversized shed is a different order of problem. Talk to your building department, which handles these routinely and is usually more constructive than homeowners expect.

Does a permit mean the work is guaranteed to be good?

No, and this misunderstanding causes real disappointment. An inspection verifies compliance with minimum code requirements at specific stages, principally for safety and structural adequacy. It is not a quality review. An inspector confirms the deck will not collapse and the wiring will not start a fire. They will not comment on uneven board spacing, poor finishing, or whether the paint was properly prepared. Code is a floor, not a standard of craftsmanship. A passed inspection is necessary and genuinely valuable, and it is not a substitute for checking references, agreeing a detailed scope, and inspecting the work yourself before releasing final payment.

Who pays for the permit, me or the contractor?

The homeowner ultimately pays either way, since the fee appears in the price whether itemised or absorbed. What matters is that the contract says so explicitly, because permit fees are a frequent source of surprise charges. Best practice is for the contractor to obtain the permit and either itemise the fee at cost or include it in the total with the amount stated. Fees vary widely by jurisdiction and project value, so a quote listing permits as an allowance rather than a fixed figure is not unreasonable, provided the basis is explained. What you should not accept is silence on the subject, followed by an invoice.

Ask About Permits Before You Choose a Contractor

Permit handling is one of the fastest ways to tell a professional operation from an improvised one.

On Win My Work, you can put the question to every contractor quoting your project at the same time and compare the answers alongside the price. Contractors are verified as licensed and insured before they can quote, which removes the most common reason a contractor cannot pull a permit in the first place.