Mississippi building permits

Where to get a building permit in Mississippi

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

Mississippi state agencies

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

Building code in Mississippi

For homes, the residential code is the International Residential Code (IRC)⁴, in effect since August 1, 2014⁴ (adopted locally⁶).

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

State rules on which work needs a permit

Miss. Code §§ 17-2-7, 17-2-9, 19-5-9(7); S.B. 2378 (2014), Section 1(5)

• Farm structures exempt from enforcement of building codes. The governing body of a county or municipality shall not enforce that portion of any building code established and/or imposed under Sections 17-2-1 through 17-2-5 and Section 1 of this act that regulates the construction or improvement of a farm structure.⁴
• Farm structure exemption needs an affidavit before work. The provisions of this section do not apply unless, before constructing or improving a farm structure, the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal official responsible for enforcing the building code stating that the structure is being constructed as a farm structure.⁴
• Definition of farm structure excludes a residence. "farm structure" means a structure that is constructed on a farm, other than a residence or a structure attached to it, for use on the farm, including, but not limited to, barns, sheds and poultry houses, but not public livestock areas.⁴
• Hunting and fishing camps (private unattached outdoor recreational structures) exempt from building-code enforcement, only if the owner files a sworn affidavit with the county board of supervisors and the camp is in an unincorporated area. The governing authority of any county or municipality shall not enforce any portion of any building codes established and/or imposed under Sections 17-2-1 through 17-2-5 and Section 1 of this act which regulates the construction or improvement of a private unattached outdoor recreational structure, such as a hunting or fishing camp.⁴
• Federally regulated manufactured housing exempt from code enforcement. The governing authority of any county or municipality shall not enforce any portion of any building codes established and/or imposed under Sections 17-2-1 through 17-2-5 and Section 1 of this act which regulates the construction or improvement of manufactured housing built according to the Federal Manufactured Home Construction and Safety Standards Act.⁴
• Flood rules still apply to exempt structures. The provisions of this section shall not apply to any floodplain management ordinances or regulations necessary for eligibility for the National Flood Insurance Program…⁴
• In the county zoning power: no permits required for erecting, maintaining, repairing or extending farm buildings or farm structures outside municipal limits, except as required under the Flood Disaster Protection Act of 1973. …but no permits shall be required except as may be required under the terms of the "Flood Disaster Protection Act of 1973" for the erection, maintenance, repair or extension of farm buildings or farm structures outside the corporate limits of municipalities.¹

Applies to

County and municipal code enforcement⁴

Homeowners doing their own work

Miss. Code §§ 73-59-15, 73-59-17, 73-59-18, 31-3-1 · in effect July 1, 2022¹

• Own-residence exemption from license law. Any person who undertakes construction or improvement on his own residence, or who acts as his own general contractor in the performance of construction or improvement on his own residence…⁷
• One permit application or residence per year. A person specified in subsection (1)(b) or (c) shall not make more than one (1) application for a permit to construct a single residence or shall not construct more than one (1) single residences within a period of one (1) year.⁷
• More is presumed to be for sale, lease or rent. There shall be a rebuttable presumption that such person intends to construct for the purpose of sale, lease, rent or any similar purpose if more than one (1) application is made for a permit to construct a single residence or if more than one (1) single residences is constructed within a period of one (1) year.⁷
• Owner excluded from commercial contractor definition if not for sale, lease or public use. …however, “contractor” shall not include any owner of a dwelling or other structure to be constructed, altered, repaired or im- proved and not for sale, lease, public use or assembly…⁸
• Permit official must see evidence of license or exemption. …shall refuse to issue a permit for any undertaking which would classify the applicant as a residential builder or remodeler under this chapter unless the applicant has furnished evidence that he is either licensed as required by this chapter or exempt from the require- ments of this chapter.⁷

Applies to

Own residence⁷

Contractor licensing

Miss. Code §§ 31-3-1, 31-3-15, 73-59-1, 73-59-3, 73-59-9

• $50,000. …to be used by another as a residence, when the total cost of the undertaking exceeds Fifty Thousand Dollars ($50,000.00).⁷
• $10,000. …of improvements to an existing residence when the total cost of the improvements exceeds Ten Thousand Dollars ($10,000.00).⁷
• Electrical, plumbing, mechanical and HVAC subs need a license at any dollar amount. Any subcontractor, of any tier, performing the following work or within the following trade, on any residential construction or residential improvement project, no matter the dollar amount of the construction or improvements…⁷
• Residential solar contractors must be licensed. Persons or entities acting in the capacity as a residential solar contractor.⁷
• $50,000. …repair, maintenance or related work where such contract, subcontract or undertaking is less than Fifty Thousand Dollars ($50,000.00)…⁸
• Contract without a certificate of responsibility is void. Any contract issued or awarded in violation of this section shall be null and void.⁸
• Unlicensed work penalty. …shall be deemed guilty of a misdemeanor and, upon convic- tion, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Thousand Dollars ($5,000.00) or be impris- oned for not less than thirty (30) nor more than sixty (60) days in the county jail, or both.⁷
• Permits must show the contractor's license or certificate number. …and (b) the contractor's license or certificate of responsibility number as required by either Section 31-3-14 et seq., 51-5-1 et seq. or 73-59-1 et seq.¹
• Job-site sign showing license number. …shall exhibit a sign at the permitted job site which shall include, prominently displayed in lettering at least two (2) inches high and twelve (12) inches wide, the license or certificate of responsibility number of the residential builder or residential remodeler or holder of the certificate of responsibility and the State issuing it.⁹

Handyman limits

Miss. Code §§ 73-59-1(c), 73-59-3(1)(d)

• $10,000. …of improvements to an existing residence when the total cost of the improvements exceeds Ten Thousand Dollars ($10,000.00).⁷
• Trade work has no dollar floor. Any subcontractor, of any tier, performing the following work or within the following trade, on any residential construction or residential improvement project, no matter the dollar amount of the construction or improvements…⁷
• Residential contractors need a Department of Revenue permit to obtain a building permit. All residential contractors, in order to obtain a building permit in the State of Mississippi, shall possess a permit from the Department of Revenue issued under Section 27-65-27.⁷

Private plan review and inspections

• Fire-code only: State Chief Deputy Fire Marshal may appoint qualified local officials as special inspectors. Local Fire Officials who meet the requirements for Special Local Inspectors as set forth in Rule 7.02.3 of this Regulation may be appointed at the discretion of the State Chief Deputy Fire Marshal.⁵

Selling a home with unpermitted work

Miss. Code §§ 89-1-501 to 89-1-523 (as amended by S.B. 2647 (2023) and H.B. 1271 (2024))

• Seller must deliver a written property condition disclosure statement. …of any real property subject to Sections 89-1-501 through 89-1-523 shall deliver to the prospective transferee the written property condition disclosure statement required by Sections 89-1-501 through 89-1-523, as follows…¹⁰
• Buyer may terminate after late disclosure, 3 days in person or 5 by mail. …three (3) days after delivery in person or five (5) days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent.¹⁰
• A sale is not invalidated solely for noncompliance. No transfer subject to Sections 89-1-501 through 89-1-523 shall be invalidated solely because of the failure of any person to comply with any provision of Sections 89-1-501 through 89-1-523.¹⁰