Massachusetts building permits

Where to get a building permit in Massachusetts

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

Our Massachusetts city guides, with each department's contacts, fees, inspections and project rules:

• Boston

Massachusetts state agencies

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

Building code in Massachusetts

For homes, the residential code is the 780 CMR 51.00: Massachusetts Residential Code³, in effect since October 11, 2024⁴ (statewide; applies everywhere³).

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

State rules on which work needs a permit

780 CMR 51.00, R105.2 (residential); 780 CMR 105.2 (base)

• Permit required for covered work. R105.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment, or life safety systems for which provision is made or the installation of which is regulated by 780 CMR without first filing an application with the building official and obtaining the required permit.³
• Other permits may still be required. R105.2 Work Exempt from Permit. Except for activities which may require a permit pursuant to other laws, and the specialized codes of M.G.L. c. 143, § 96, a permit pursuant to 780 CMR is not required for the following activities…³
• Statewide list; other permits may still apply. While other kinds of permits may be required for work governed by other laws, by-laws, rules and the specialized codes of M.G.L. c. 143, § 96, such as electrical, plumbing, and sheet metal, a permit pursuant to 780 CMR is not required for the following activities…¹
• 200 square feet. Sheds over 200 sq. ft. will require a building permit.⁶
• 7 feet. 2. Fences not over seven feet (2,134 mm) high.³
• 4 feet. 3. Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.³
• Sidewalks and driveways exempt. Sidewalks and driveways.³
• Finish work exempt. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. (Permits may be required for Electrical, Plumbing, or Gas work)…³
• 24 inches. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.³
• 200 square feet. 10. Decks not exceeding 200 ft2 (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, that are not attached to a dwelling, and that do not serve one of the required exit doors required by section R311.2.³
• Ordinary repairs need no application or notice to the building official. R105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures.³
• Emergency repairs: apply within next working business day. R105.2.1 Emergency Repairs. Where replacements and repairs governed by 780 CMR must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.³

Applies to

One- and two-family dwellings and townhouses (residential volume)¹

Can local rules be stricter?

Only through M.G.L. c. 143, § 98³

Homeowners doing their own work

780 CMR 110.R5.1.3.1 · in effect October 11, 2024⁴

• Exception: Any homeowner performing work for which a building permit is required shall be exempt from the licensing provisions of 780 CMR 110.R5, provided that if a homeowner engages a person(s) for hire to do such work, then such homeowner shall act as supervisor.⁷
• Homeowner definition. HOMEOWNER. Person(s) who owns a parcel of land on which he or she resides or intends to reside, on which there is, or is intended to be, a one- or two-family dwelling, attached or detached structures accessory to such use and/or farm structures.⁷
• More than one home in two years loses status. A person who constructs more than one home in a two-year period shall not be considered a homeowner.⁷
• Not for manufactured buildings. This exception shall not apply to the field erection of manufactured buildings constructed pursuant to 780 CMR 110.R3.⁷
• City restatement limits it to homes where the owner resides. As an exception to this requirement, building permits are also issued to homeowners doing work on one or two unit dwellings where they reside or intend to reside.⁸
• Homeowner-pulled permits can cost HIC law protection (Cambridge). It is noted that when homeowners are issued building permits, they may be liable for contractors working on their property and they are not eligible for protection under the provisions of the Homeowners Improvement Contractor Law.⁸
• Cambridge issues these permits to licensed trades. These permits are issued to Massachusetts licensed plumbers, gasfitters, or electricians.⁸

Contractor licensing

780 CMR 110.R5; M.G.L. c. 142A

• Construction supervisor license required. 110.R5.1.3.1 Individuals supervising persons engaged in construction, reconstruction, alteration, repair, removal or demolition involving any activity regulated by any provision of 780 CMR, shall be licensed in accordance with 780 CMR 110.R5.⁷
• Pools, signs and tents do not need the license. …construction of swimming pools, the erection of signs, the erection of tents…⁷
• Licensed trades exempt within scope. …the practice of any trade licensed by agencies of the Commonwealth, provided that any such work is within the scope of said license including, but not limited to wiring, plumbing gas fitting, fire protection systems, pipefitting, HVAC and refrigeration equipment.⁷
• Home improvement contractors regulated separately. R101.4.14 Residential Contracting. Residential contracting, as defined by ST. 2009, c 27 § 80, is also regulated by M.G.L. c. 142A and 201 CMR 18.00: Registration and Enforcement of Home Improvement Contractor Program.³
• HIC registration number on permit application. 8. If applicable, include the registration number and information of home improvement contractors or subcontractors for residential contracting services, in accordance with M.G.L. c. 142A, §§ 9(a) and 13.³
• The State license is only valid for work involving structures of less than 35,000 cu. Ft.⁸

Deadlines for permit decisions and inspections

780 CMR 51.00, R105.3.1; 780 CMR 105.3.1

• 30 days. R105.3.1 Action on Application. The building official shall examine or cause to be examined applications for permits and amendments, and shall issue or deny the permit, in writing, within 30 days of filing.³
• Remedy: complaint or appeal. Failure to act upon the application within 30 days could result in a complaint being registered against the Building Official with his or her appointing authority, the Building Official Certification Committee, or an appeal may be filed with the Building Code Appeals Board for lack of action.³
• 180 days. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued…³
• 180 days. R105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit commences within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced.³

Private plan review and inspections

780 CMR 51.00, R104.4, R110.4, R107.6 · in effect October 11, 2024⁴

• Building official may accept agency reports. R110.4 Inspection Agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.³
• Reports must be written and certified. Reports of such inspections shall be in writing and shall be certified by a responsible officer of such approved agency or by the responsible individual.³
• Construction control generally not needed for one- and two-family homes. R107.6.1 – General - In general Construction Control is not necessary for entire One and Two Family Dwellings.³

Limits on permit fees

780 CMR 51.00, R109.2

• Municipal fees set locally. R109.2 Schedule of Permit Fees. For state building permit fees, see 801 CMR 4.02: Fees for Licenses, Permits, and Services to be Charged by State Agencies. For municipal building permit fees, refer to the municipality.³

What local governments may change

M.G.L. c. 143, § 98; 780 CMR 102.2.1

• State code prevails over conflicting bylaws. 102.2.1 Municipal Bylaws or Ordinances. 780 CMR applies state-wide. When municipal bylaws and ordinances conflict with 780 CMR, 780 CMR shall govern unless the bylaws or ordinances were promulgated in accordance with M.G.L. c. 143, § 98.¹
• Towns may license categories the state does not. 110.R5.1.3.3 Municipal Requirements. No municipality shall be prohibited from requiring a license for those individuals engaged in directly supervising persons engaged in construction, reconstruction, alteration, repair, removal or demolition in those categories of building and structures for which 780 CMR 110.R5 does not require a license.⁷

Can local rules be stricter?

Only through M.G.L. c. 143, § 98³

Accessory dwelling units (ADUs)

M.G.L. c. 40A, § 3; 760 CMR 71.00; St. 2024, c. 150, § 8

• By-right single ADU in single-family districts. St. 2024, c. 150, § 8 establishes that in certain circumstances the use of land or structures for ADUs are protected from zoning restrictions by providing that zoning shall not prohibit, unreasonably restrict or require a special permit or other discretionary zoning approval for the use of land or structures for a single ADU, or the rental thereof, in a single-family residential zoning district, and imposes protections on ADUs through M.G.L. c. 40A, § 3, the Dover Amendment.⁹
• No owner occupancy requirement. St. 2024, c. 150, § 8, however, explicitly prohibits municipalities from imposing requirements on protected accessory dwelling unitsthat require owner-occupancy of either the ADU or the principal dwelling and imposes limitations on Municipal parking requirements.⁹
• Size limit. …is not larger in Gross Floor Area than ½ the Gross Floor Area of the Principal Dwelling or 900 square feet, whichever is smaller…⁹
• Only one protected ADU per lot. …provided that only one ADU on a lot may qualify as a Protected Use ADU.⁹
• At most one additional parking space may be required (lots wholly outside 0.5 mile of a Transit Station). More than one additional on-street or off-street parking space for a Protected Use ADU if all portions of its Lot are located outside a 0.5 mile radius of a Transit Station…⁹
• No additional parking near transit. 2. Any additional on-street or off-street parking space for a Protected Use ADU if any portion of its Lot is located within a 0.5 mile radius of a Transit Station.⁹
• Unit caps prohibited. (d) Unit Caps & Density. Any limit, quota or other restriction on the number of Protected Use ADUs that may be permitted, constructed, or leased within a Municipality or Zoning District.⁹
• Worcester has a building permit type for ADUs. A building permit required to construct or convert an Accessory Dwelling Unit (ADU), which is a secondary, self-contained residential unit located on the same lot as a primary dwelling.⁶

Applies to

Single-family residential zoning districts⁹

Can local rules be stricter?

Reasonable regulation only⁹