What happens if my contractor doesn't get a permit?
Consequences for You and Your Contractor
When work requiring a permit is done without one, your local building department can issue a stop-work order, fines (often hundreds to thousands of dollars, depending on the project and location), and require you to tear out and redo the work to code. You might also need to pay double permit fees as a penalty.
Your contractor may face fines, lose their license, or be reported to a state licensing board. However, because the permit is tied to the property, the responsibility to fix the situation usually lands on you as the homeowner. Unpermitted work can also complicate your homeowner's insurance and future sale.
How to Protect Yourself
Before work starts, confirm in writing who is pulling permits. Ask your contractor for the permit number and verify it with your local building department. You can often look up permits online or call the office.
If you discover unpermitted work, contact your local building department to discuss options. You may be able to apply for a retroactive permit, but you'll likely need to open walls or expose work for inspection. In some cases, you may need to hire a licensed professional to correct code violations.
- Get the permit number and verify it with the building department.
- Put permit responsibility in your written contract.
- Never pay in full until final inspection passes.
- Check your contractor's license and insurance.
- Ask for a lien waiver from subcontractors.
Common mistakes
- Assuming the contractor automatically handles permits without confirming it in writing.
- Believing that unpermitted work is fine as long as it looks good and passes no inspection.
- Thinking that only the contractor is liable for fines, when the homeowner often is too.
