New Jersey building permits

Where to get a building permit in New Jersey

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

New Jersey state agencies

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

Building code in New Jersey

For homes, the residential code is the International Residential Code/2024, NJ ed⁵, in effect since August 17, 2026⁶ (statewide; applies everywhere⁸).

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

State rules on which work needs a permit

N.J.A.C. 5:23-2.7, 2.14, 2.17A

• Permit required by default. It shall be unlawful to construct, enlarge, repair, renovate, alter, reconstruct or demolish a structure, or change the use of a building or structure, or portion thereof, or to install or alter any equipment for which provision is made or the installation of which is regulated by this chapter without first filing an application with the construction official, or the appropriate subcode official where the construction involves only one subcode, in writing and obtaining the required permit therefor.⁹
• Ordinary maintenance exempt. Ordinary maintenance as defined in N.J.A.C. 5:23-2.7 shall not require a permit or notice to the enforcing agency…⁹
• Minor work needs a permit but may start on notice. Minor work as defined by N.J.A.C. 5:23-2.17A shall require a permit. However, work may proceed, upon notice to the enforcing agency, before the permit is issued…⁹
• 200 square feet. A construction permit for building work shall not be required for garden-type utility sheds and similar structures that are 200 square feet or less in area, 10 feet or less in height, and accessory to buildings of Group R-2, R-3, R-4, or R-5 and which do not contain a water, gas, oil, or sewer connection.⁹
• 6 feet. A permit shall not be required for fences six feet or less in height. This exception does not apply to barriers surrounding public or private swimming pools.⁹
• 4 feet. No person shall construct, enlarge, alter, reconstruct, or demolish a retaining wall or series of retaining walls having a total height four feet or greater, or a retaining wall less than four feet having a negative impact on a foundation, without first obtaining a construction permit.⁹
• Roof repair or replacement exempt on detached 1-2 family. The repair or replacement of existing roof covering on detached one- and two-family dwellings…⁹
• Siding repair or replacement exempt on 1-2 family. The repair or replacement of existing siding on one- and two-family dwellings.⁹
• Window or door replacement in same opening exempt. The replacement of any window or door, including garage doors, in the same opening without altering the dimensions or framing of the original opening.⁹
• Deck, porch or stoop repair exempt if not supporting a roof. …the repair or replacement of any part of a deck, porch, or stoop that does not provide structural support for any roof or portion of a…⁹
• Storable spa or hot tub with cover exempt. The installation of a storable spa or hot tub that is provided with a lockable safety cover that complies with ASTM F1346.⁹
• Similar-fixture replacement with no piping change exempt. Replacement of fixtures with a similar fixture provided that no change in the piping arrangement is made…⁹
• Like-capacity water heater replacement is minor work. …the replacement of existing water heaters with new ones of like capacity…⁹
• New or total-replacement porch or stoop is minor work. The construction or total replacement of any porch or stoop that does not provide structural support for any roof or portion of a building…⁹
• Permit application due within 5 business days of notice. The completed permit application shall be delivered in person or by mail to the enforcing agency, within five business days from the date of the notice.⁹
• Emergency work not involving lead abatement, except that notice shall be given as soon thereafter as is practicable, and a permit shall be applied for not later than 72 hours thereafter.⁹
• Work affecting structural or fire safety is not ordinary maintenance. Any work affecting structural or fire safety…⁹

Applies to

All of New Jersey⁷

Can local rules be stricter?

Zoning may still apply¹⁰

Homeowners doing their own work

N.J.A.C. 5:23-2.15(b), (f)

• Except as otherwise provided by this act or in the code, before construction or alteration of any building or structure, the owner, or his agent, engineer or architect, shall submit an application in writing, including signed and sealed drawings and specifications, to the enforcing agency as defined in this act.¹⁰
• Plumbing, electrical, heating, ventilating, air conditioning, and refrigeration, and master hearth specialist work shall not be undertaken except by persons licensed to perform such work pursuant to law, except in the case of a single-family homeowner on his or her own dwelling.⁹
• …unless it is to be built in whole or in part by an owner, in which case an affidavit shall be filed by the owner on a form prescribed by the Department of Community Affairs…⁹
• Disclose to buyers within 10 years of the certificate of occupancy. …work done by him, or by a subcontractor working under his supervision, is not covered under the New Home Warranty and Builders' Registration Act and states that he will disclose this information to any person purchasing the property from him within 10 years of the date of issuance of a certificate of occupancy.⁹
• LP gas work exception for single-family homeowner. Work on liquefied petroleum gas systems shall be undertaken only by persons certified to perform such work pursuant to N.J.A.C. 5:18, except in the case of a single-family homeowner performing work on his or her own dwelling, licensed plumbing contractors, or licensed heating, ventilating, air conditioning, and refrigeration contractors.⁹
• Homeowner registration exception. Exception: Registration shall not be required for any person performing a home improvement upon a building or structure in Group R-2, R-3, R-4 or R-5 owned by that person, or by a member of that person's immediate family…⁹
• Sealed plan waiver for homeowner-prepared plans. Exception: The construction official shall waive the requirement for sealed plans in the case of a single-family home owner who had prepared his or her own plans for the…⁹
• Owner notifies when ready for inspection. The owner or other responsible person in charge of work shall notify the enforcing agency, in writing, when the work is ready for any required inspection specified herein or required by the construction official or appropriate subcode official.⁹

Contractor licensing

N.J.S.A. 56:8-136 et seq.; N.J.A.C. 5:23-2.15(b)

• Registration required for home improvement contractors. On or after December 31, 2005, no person shall offer to perform, or engage, or attempt to engage in the business of making or selling home improvements unless registered with the Division of Consumer Affairs in accordance with the provisions of this act.¹¹
• Annual registration. Every contractor shall annually register with the director.¹¹
• $500,000. …every registered contractor who is engaged in home improvements shall secure, maintain and file with the director proof of a certificate of commercial general liability insurance in a minimum amount of $500,000 per occurrence.¹¹
• Registration number displayed. All registrants shall prominently display their registration numbers within their places of business, in all advertisements distributed within this State, on business documents, contracts and correspondence with consumers of home improvement services in this State…¹¹
• Knowing violation is a fourth degree crime. In addition to any other penalty provided by law, a person who knowingly violates any of the provisions of this act is guilty of a crime of the fourth degree.¹¹
• Number required on permit application. If work involves a home improvement performed by a contractor, such contractor shall be registered pursuant to N.J.S.A. 56:8-136 et seq.⁹
• Trades must be licensed. Plumbing, electrical, heating, ventilating, air conditioning, and refrigeration, and master hearth specialist work shall not be undertaken except by persons licensed to perform such work pursuant to law, except in the case of a single-family homeowner on his or her own dwelling.⁹
• Municipal licensing may apply to others. Contractors who are not subject to State licensing, registration or certification shall be subject to any applicable licensing, registration or certification requirement established by municipal ordinance.⁹
• New-home builders register under a separate act. A current validated State builder registration card shall be shown by the contractor and the registration number of the contractor shall be recorded on the permit, pursuant to the New Home Warranty and Builder's Registration Act (N.J.S.A. 46:3B-1 et seq.), if the project is a one or two family dwelling, condominium or cooperative…⁹

Handyman limits

N.J.S.A. 56:8-140

• No dollar-amount handyman exemption among the listed exemptions. The provisions of this act shall not apply to…¹¹
• Owner or family exemption. Any person performing a home improvement upon a residential or non-commercial property he owns, or that is owned by a member of his family, a bona fide charity, or other non-profit organization…¹¹
• $50,000,000. Any home improvement retailer with a net worth of more than $50,000,000, or employee of that retailer.¹¹

Deadlines for permit decisions and inspections

N.J.S.A. 52:27D-131; N.J.A.C. 5:23-2.16

• 20 business days. Every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days, unless the application is limited to the construction of a ramp designed to provide wheelchair access to a one or two-unit dwelling, and required for such access by a resident of the dwelling, in which case the permit shall be granted or denied within five business days.¹⁰
• Deemed denial, appealable. If an enforcing agency fails to grant, in whole or in part, or deny an application within 20 business days, such failure shall be deemed a denial of the application for purposes of an appeal to the Construction Board of Appeals, unless such period of time has been extended with the consent of the applicant.⁹
• 7 business days. In that case, a written notice of release shall be given to the applicant not later than seven business days after the resubmission of the revised plans.⁹
• 3 business days. For a building designed in conformance with the one-and two-family dwelling subcode, where the Department or local enforcing agency has released a prototype plan which is to be used for the work covered by the permit application, the construction official shall act on the application within three business days.⁹
• 3 business days. Inspections shall be performed within three business days, or other such time within 30 days, as agreed upon by the enforcing agency and the owner, agent, or other responsible person in charge of work, of the time for which it was requested.⁹
• 10 business days. When a building or structure is entitled thereto, the construction official shall issue a certificate of occupancy within 10 business days after written application therefor.⁹
• One year to build above foundation walls. A construction permit, issued in accordance with the foregoing provisions, pursuant to which no construction has been undertaken above the foundation walls within one year from the time of issuance, shall expire.¹⁰
• Invalid if not started within 12 months or stopped for 6 months. Any permit issued shall become invalid if the authorized work is not commenced within 12 months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.⁹

Private plan review and inspections

N.J.A.C. 5:23-4.12, 4.16

• State-authorized private agencies contract with municipalities. The Department shall authorize the establishment of private on-site inspection and plan review agencies, hereinafter called "on-site inspection agencies," for the purpose of contracting with municipalities in order to act in the place of a subcode official or inspector(s) for specified subcodes or to provide supplemental private on-site inspections pursuant to N.J.A.C. 5:23-4.16.¹²
• Enforcing agency may contract at its discretion. An enforcing agency may, at its discretion, enter into a contract with private on-site inspection agencies to conduct on-site inspections on a supplemental or project-specific basis.¹²
• Owner may contract directly only if the agency authorizes it. An enforcing agency may, at its discretion, authorize an owner, agent, or other authorized person in charge of work to directly contract with a private on-site inspection agency authorized…¹²
• Approval confirmed in writing. Such approval shall be confirmed, in writing, as a part of the permit files.¹²

Limits on permit fees

N.J.S.A. 52:27D-130, 52:27D-130.2, 52:27D-130.3

• Fee set by municipal ordinance within state standards. …shall be accompanied by payment of the fee to be established by the municipal governing body by ordinance in accordance with standards established by the commissioner.¹⁰
• No municipal fee for certified solar heating or cooling systems. No person shall be required to pay a municipal fee or charge in order to secure a construction permit for the installation or alteration of a solar energy heating or cooling system in any building or part thereof.¹⁰
• No state fee for those systems. The installation or alteration of a solar energy heating or cooling system in any building shall not be subject to any fee, including any surcharge or training fee, imposed by any department or agency of State government pursuant to any law, or rule or regulation.¹⁰

Selling a home with unpermitted work

P.L. 2024, c.32, s.2.e; N.J.S.A. 56:8-19.1; N.J.A.C. 13:45A-29.1(d)

• Seller gives the disclosure statement before the buyer is bound. In real estate transactions where the seller is not represented or working with a brokerage firm, the Act states that such a seller shall be required to provide the PCDS to the buyer before the buyer becomes obligated under any contract for the purchase of the property.¹³
• Brokerage firm must obtain signed statement. The Act requires that a brokerage firm obtain a signed property condition disclosure statement that is provided for in N.J.S.A 56:8-19.1 (“PCDS”) from the seller in a real estate transaction.¹³
• Form is set by the Division of Consumer Affairs. The PCDS is promulgated by the New Jersey Division of Consumer Affairs and set forth at N.J.A.C. 13:45A-29.1(d).¹³
• Form asks about permits for alterations. 29. Were the proper building permits and approvals obtained?¹⁴
• Form asks about alterations by owners. 28. Are you aware of any additions, structural changes or other alterations to the structures on the property made by any present or past owners?¹⁴
• Known material defects must be disclosed. The Seller is aware that he or she is under an obligation to disclose any known material defects in the Property even if not addressed in this printed form.¹⁴
• Owner-builder 10-year disclosure. …work done by him, or by a subcontractor working under his supervision, is not covered under the New Home Warranty and Builders' Registration Act and states that he will disclose this information to any person purchasing the property from him within 10 years of the date of issuance of a certificate of occupancy.⁹

Accessory dwelling units (ADUs)

• IRC ADU appendix not adopted. Deleted in their entirety: AA, Board of Appeals; AB, Permit Fees; AC, Reserved; BA, Manufactured Housing Used as Dwellings; BC, Accessory Dwelling Units (ADU); BD…⁷