New York building permits
In New York, building permits are issued by cities, towns and other local governments1, not by one state office. The state issues permits for local governments that opted out and whose county also opted out1.
On this page
- Where to get a building permit in New York
- New York state agencies
- Building code in New York
- State rules on which work needs a permit
- Homeowners doing their own work
- Contractor licensing
- Deadlines for permit decisions and inspections
- Private plan review and inspections
- Limits on permit fees
- Selling a home with unpermitted work
- What local governments may change
- Sources
Where to get a building permit in New York
Apply to the building department of the city, town or county where the property is (the steps).
Our New York city guides, with each department's contacts, fees, inspections and project rules:
New York state agencies
These offices set statewide codes or license the trades. They do not issue permits for most home projects.
New York State Department of State Division of Building Standards and Codes3
State building code agency
- Website
- dos.ny.gov2
- Phone
- (518) 474-40733
- Address
- One Commerce Plaza, 99 Washington Avenue, Suite 1160, Albany, NY 122313
Building code in New York
For homes, the residential code is the 2025 Residential Code of New York State4, in effect since 4 (statewide minimum; local governments may go further6).
Every code family, edition and effective date is on New York building codes.
State rules on which work needs a permit
19 NYCRR § 1203.3 (Uniform Code: minimum standards for administration and enforcement)
- Yes.
Pursuant to 19 NYCRR Part 1203 a building permit “shall be required for [all] work which shall comply with the Uniform Code,” including the installation, alteration, and repair (as specified by Appendix J of the 2020 Residential Code of New York State) of a manufactured home.
5
- Applies to
- Every city, town, village and county (outside NYC)5
Homeowners doing their own work
N.Y. Educ. Law § 7307(1), (5); N.Y. Workers' Comp. Law §§ 57, 220(8)
…no official of this state, or of any county, city, town or village therein, charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped…
7- 1,500 square feet.
This article shall not apply to: 1. Farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes; nor to residence buildings of gross area of fifteen hundred square feet or less, not including garages, carports, porches, cellars, or uninhabitable basements or attics; or 2. Alterations, costing ten thousand dollars or less, to any building or structure within the city of New York and twenty thousand dollars or less, to any building or structure outside the city of New York which do not involve changes affecting the structural safety or public safety thereof.
7 The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter.
8Businesses must provide proof of insurance or exemption from workers’ compensation and/or disability and Paid Family Leave benefits insurance coverage when requesting permits, licenses, or contracts from state or municipal entities.
9
Contractor licensing
N.Y. Gen. Bus. Law Art. 36-A (§§ 770-776) (home improvement contracts)
- Local.
Issues regarding local laws, zoning, and licensing of contractors or electricians are not handled by this Division.
5 - Written contract required.
Every home improvement contract subject to the provisions of this article, and all amendments thereto, shall be evidenced by a writing and shall be signed by all the parties to the contract.
10 - License number if applicable.
(a) The name, address, telephone number and license number, if applicable, of the contractor.
10 - Home improvement definition.
"Home improvement" means the repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property and shall include, but not be limited to, the construction, erection, replacement, or improvement of driveways, swimming pools, siding, insulation, roofing, windows, terraces, patios, landscaping, fences, porches, garages, solar energy systems, flooring, basements, and other improvements of the residential property and all structures or land adjacent to it.
11 - $500.
Any owner who is induced to contract for a home improvement, in reliance on false or fraudulent written representations or false written statements, may sue and recover from such contractor a penalty of five hundred dollars plus reasonable attorney's fees, in addition to any damages sustained by the owner by reason of such statements or representations.
12
Deadlines for permit decisions and inspections
- 60 days.
Requests for a variance shall be resolved within sixty days of the date of application unless a longer period is required for good cause shown…
1
Private plan review and inspections
- Energy code testing only.
The testing may be completed by the building official or by an “approved” third party, as indicated in Section R402.5.1.2 of the 2025 ECCCNYS.
5
Limits on permit fees
N.Y. Exec. Law § 381(1)(c), (2)
- Local fees allowed.
Local governments or counties may charge fees to defray the costs of administration and enforcement.
1 - State minimum-fee rules authorized.
…required minimum fees for administration and enforcement…
1
Selling a home with unpermitted work
N.Y. Real Prop. Law §§ 462, 463, 465 (Property Condition Disclosure Act)
Except as is provided in section four hundred sixty-three of this article, every seller of residential real property pursuant to a real estate purchase contract shall complete and sign a property condition disclosure statement as prescribed by subdivision two of this section and cause it, or a copy thereof, to be delivered to a buyer or buyer's agent prior to the signing by the buyer of a binding contract of sale.
13- Certificate of occupancy question.
ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES NO UNKN NA (IF NO, EXPLAIN BELOW)…
13 - One to four family dwelling.
"RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT OWNED IN FEE SIMPLE BY THE SELLER.
13 - Willful failure: actual damages.
For such a willful failure, the seller shall be liable for the actual damages suffered by the buyer in addition to any other existing equitable or statutory remedy.
14
- Applies to
- Residential real property (1-4 family), with § 463 exemptions13
What local governments may change
N.Y. Exec. Law §§ 379, 383(1)
…the legislative body of any local government may duly enact or adopt local laws or ordinances imposing higher or more restrictive standards for construction within the jurisdiction of such local government than are applicable generally to such local government in the uniform code.
6- Code Council approval required.
Such local laws or ordinances shall take full force and effect upon an affirmative determination by the council as provided herein.
6 - Cannot weaken the Uniform Code.
…no municipality shall have the power to supersede, void, repeal or make more or less restrictive any provisions of this article or of rules or regulations made pursuant hereto.
6 - Uniform Code supersedes inconsistent local law.
The provisions of this article and of the uniform fire prevention and building code shall supersede any other provision of a general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict therewith provided however…
15
- Can local rules be stricter?
- Yes6
Sources
- NY Executive Law § 381 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 7, 2026
- Building Standards and Codes | Department of StateNew York Department of State, Division of Building Standards and CodesChecked November 6, 2026
- Code Development | Department of StateNew York Department of State, Division of Building Standards and CodesChecked November 6, 2026
- Notice of Adoption | Department of StateNew York Department of State, Division of Building Standards and CodesChecked November 6, 2026
- Division of Building Standards and Codes Frequently Asked QuestionsNew York Department of State, Division of Building Standards and CodesChecked November 6, 2026
- NY Executive Law § 379 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 6, 2026
- NY Education Law § 7307 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 7, 2026
- NY Workers' Compensation Law § 57 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 7, 2026
- Requirements for businesses applying for government permits, licenses, or contracts (fact sheet)New York State Workers' Compensation BoardRevised July 2019Checked November 7, 2026
- NY General Business Law § 771 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 6, 2026
- NY General Business Law § 770 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 6, 2026
- NY General Business Law § 772 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 6, 2026
- NY Real Property Law § 462 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 7, 2026
- NY Real Property Law § 465 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 7, 2026
- NY Executive Law § 383 (Laws of New York, NY Senate Open Legislation PDF)New York State Legislature (NY Senate Open Legislation)Checked November 6, 2026