Hawaii building permits

Where to get a building permit in Hawaii

Apply to the building department of the city, town or county where the property is (the steps).

Hawaii state agencies

These offices set statewide codes or license the trades. They do not issue permits for most home projects.

Building code in Hawaii

For homes, the residential code is the HAWAII STATE RESIDENTIAL CODE¹, in effect since November 17, 2020¹ (statewide; applies everywhere⁹).

Every code family, edition and effective date is on Hawaii building codes.

State rules on which work needs a permit

HRS § 46-88 (farm buildings only); no general statewide exemption list confirmed; State Residential Code Permit Authorization and amendment (5)

• Administrative sections R103-R114, including R105 permit rules, are deleted from the state code. Sections R103 through R114 are deleted in their entirety.¹
• Counties decide permit requirements by ordinance. Each county of the State of Hawaii may, by ordinance, require that a permit be obtained from the building official for any area regulated by this code.¹
• 1,000 square feet. Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units are exempt from building permit and building code requirements where they are no more than one thousand square feet in floor area…¹⁰
• Written notice to the county first; no work until the county determines no floodplain permit is required. An owner or occupier that intends to utilize the exemptions under this section shall provide written notice to the appropriate county agency of the size, type, and location of the proposed building, structure, related appurtenances, or development.¹⁰
• Must be on a commercial farm or ranch. The agricultural buildings, structures, or appurtenances thereto are located on a commercial farm or ranch and are used for general agricultural or aquacultural operations, or for purposes incidental to such operations…¹⁰
• Land use: two or more contiguous acres, or one or more in a park. The agricultural buildings, structures, or appurtenances thereto are constructed or installed on property that is used primarily for agricultural or aquacultural operations, and is two or more contiguous acres in area or one or more contiguous acres in area if located in a nonresidential agricultural or aquacultural park…¹⁰
• Not in the state land use urban district. This section shall not apply to development on land in the state land use urban district.¹⁰
• Electrical and plumbing still need county permits. No electrical power and no plumbing systems shall be connected to the building or structure without first obtaining the appropriate county electrical or plumbing permit…¹⁰
• Farm fences within the exemption: non-masonry up to 10 ft, masonry up to 6 ft. Non-masonry fences not exceeding ten feet in height and masonry fences not exceeding six feet in height…¹⁰

Homeowners doing their own work

HRS §§ 444-2(7), 444-2.5, 444-9.1; HAR § 16-77-3

• Owner-builder exempted. Owner-builders exempted under section 444-2.5…¹¹
• Owner or lessee may act as own general contractor. The exemption provided in section 444-2.5, Hawaii Revised Statutes, allows you, as the owner or lessee of your property, to act as your own general contractor even though you do not have a license.¹²
• Must hire licensed subcontractors. You must also hire licensed subcontractors.¹²
• Electrical and plumbing must be licensed. Electrical or plumbing work must be performed by contractors licensed under chapters 448E and 444, Hawaii Revised Statutes.¹²
• For own use and occupancy. The building must be for your own use and occupancy.¹²
• 1 year. If you sell or lease a building you have built yourself within one year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of the exemption, and you may be prosecuted for this.¹²
• Signed disclosure required before permit. The county shall not issue a building permit to the owner-applicant until the applicant signs a statement that the applicant has read and understands the disclosure form.¹²
• No registration is prima facie evidence exemption does not apply. The absence of such registration is prima facie evidence that the exemption in section 444-2.5 does not apply.¹²
• Exempts owners or lessees building for own use or listed relatives, not for sale or lease. This chapter shall not apply to owners or lessees of property who build or improve residential or farm buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children, and who do not offer the buildings or structures for sale or lease; provided that…¹³
• $10,000. Construction or improvements performed pursuant to an approved building permit where the estimated valuation of work to be performed, as reflected in the building permit, is less than $10,000…¹³
• 3 years. Any owner or lessee of property found to have violated this section shall not be permitted to engage in any activities pursuant to this section or to register under section 444-9.1 for a period of three years.¹³

Contractor licensing

HRS ch. 444; HAR ch. 16-77

• License required. No person within the purview of this chapter shall act, or assume to act, or advertise, as general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and in compliance with this chapter and the rules and regulations of the contractors license board.¹⁴
• License required for residential, commercial and public works. Generally, anyone who offers to, holds oneself out as able to, or contracts to perform residential, commercial, or public works construction, alterations, or improvements must hold a contractor license.¹⁵
• No reciprocity. No. All applicants must meet the same licensing and examination requirements.¹⁵
• First-offense fine for unlicensed work. $2,500 or forty per cent of the total contract price, whichever is greater, for the first offense…¹⁶
• Second-offense fine for unlicensed work. $3,500 or forty per cent of the total contract price, whichever is greater, for the second offense…¹⁶
• Later-offense fine for unlicensed work. $5,000 or forty per cent of the total contract price, whichever is greater, for any subsequent offense…¹⁶

Handyman limits

HRS § 444-2(4)

• Not for electrical or plumbing work requiring a permit. This exemption does not apply to electrical or plumbing work requiring a permit.¹⁵

Deadlines for permit decisions and inspections

HRS § 91-13.5

• Agencies set maximum time by rule. Unless otherwise provided by law, an agency shall adopt rules that specify a maximum time period to grant or deny a business or development-related permit, license, or approval; provided that the application is not subject to state administered permit programs delegated, authorized, or approved under federal law.¹⁷
• Deemed approved if the deadline is missed. All such issuing agencies shall take action to grant or deny any application for a business or development-related permit, license, or approval within the established maximum period of time, or the application shall be deemed approved; provided that a delay in granting or denying an application caused by the lack of quorum at a regular meeting of the issuing agency shall not result in approval under this subsection…¹⁷

Selling a home with unpermitted work

HRS ch. 508D

• Material fact defined. "Material fact" means any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale.¹⁸
• Applies to one to four dwelling units or residential condo/co-op. "Residential real property" means fee simple or leasehold real property on which currently is situated…¹⁸
• 10 days. No later than ten calendar days from acceptance of a real estate purchase contract, the seller, either directly or through the seller's agent, shall provide the disclosure statement to the buyer.¹⁹
• 15 days. Upon receipt of the disclosure statement, the buyer shall have fifteen calendar days to…¹⁹

Accessory dwelling units (ADUs)

HRS § 46-4.8 (Act 39, Session Laws of Hawaii 2024); HRS § 46-4(c)

• Act 39 of 2024 requires county ordinances allowing additional units. WHEREAS, in 2024, the Legislature passed Senate Bill 3202, SD2, HD1, CD1, which Governor Josh Green signed into law as Act 39, Session Laws of Hawaii 2024 (“Act 39”), which required the four counties to enact ordinances to allow additional dwelling units on residentially zoned lots, to allow further subdivision of such lots, and to amend the calculation of impact fees for certain developments…²⁰
• At least two ADUs; county deadline December 31, 2026. Repeals Act 39, Session Laws of Hawaii 2024, which required the counties, no later than 12/31/2026, to adopt or amend an ordinance to allow at least two accessory dwelling units, subject to certain restrictions, on all residentially zoned lots.²⁰
• Separate older county option for two single-family units. Except as provided in section 46-4.8, each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted.²¹