South Carolina building permits

Where to get a building permit in South Carolina

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

South Carolina state agencies

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

Building code in South Carolina

For homes, the residential code is the 2021 International Residential Code with SC modifications³, in effect since January 1, 2023³ (statewide; applies everywhere⁴).

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

State rules on which work needs a permit

S.C. Code § 40-59-265 (2022 Act No. 186); §§ 6-9-14, 6-9-65

• Listed improvements by a residential property owner are exempt from building permit application requirements. The improvements delineated in subsection (A) are exempt from building permit application requirements and an owner of residential property who makes these improvements is not required to have a residential builder or residential specialty contractor's license or be subject to the penalties provided in this chapter.¹
• 200 square feet. …one-story detached accessory structures, provided that the floor area does not exceed two hundred square feet…¹
• 7 feet. …fences not over seven feet high…¹
• 4 feet. …retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge…¹
• …water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed two to one…¹
• Sidewalks and driveways. …sidewalks and driveways…¹
• Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. …painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work…¹
• 24 inches. …prefabricated swimming pools that are less than twenty-four inches deep…¹
• Swings and other playground equipment. …swings and other playground equipment…¹
• 54 inches. …window awnings supported by an exterior wall that do not project more than fifty-four inches from the exterior wall and do not require additional support…¹
• 200 square feet. …decks not exceeding two hundred square feet in area, that are not more than thirty inches above grade at any point…¹
• Replacement of branch circuit overcurrent devices of the required capacity in the same location. …replacement of branch circuit overcurrent devices of the required capacity in the same location…¹
• Minor electrical repair (lamps, plugging in portable equipment). …minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles…¹
• Replacing concealed drain/water/waste/vent piping is new work requiring a permit. …the stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work must be considered as new work and a permit must be obtained and inspection made as provided in the South Carolina Residential Building Code…¹
• Clearing stoppages, repairing leaks, removing/reinstalling toilets without replacing valves, pipes or fixtures. …the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.¹
• No permit or fee for wheelchair ramps built with Medicare/Medicaid dollars when performed, overseen, or inspected by an ADA inspector. A municipality or county may not charge a permit fee or require a permit for a wheelchair access ramp built with Medicare or Medicaid dollars as long as the construction is performed, overseen, or inspected by an Americans with Disabilities Act inspector.¹
• Building code not enforced on farm structures (barns, sheds, poultry houses; not residences) with owner affidavit; FEMA flood standards still apply; local building permits may still be required. The governing body of a county or municipality may not enforce that portion of a nationally recognized building code which regulates the construction or improvement of a farm structure.¹

Applies to

Owners of residential property making the listed improvements¹

Homeowners doing their own work

S.C. Code §§ 40-59-260, 40-11-360(5)

• This chapter does not apply to an owner of residential property who improves the property or who builds or improves structures or appurtenances on the property if…¹
• Owner does work himself, with own employees, or with licensed/registered contractors. …the owner does the work himself, with his own employees, or with licensed contractors or registered entities or individuals…¹
• For owner/family occupancy only, not for sale or rent. …the structure, group of structures, or appurtenances, including the improvements, are intended for the owner's sole occupancy or occupancy by the owner's family and are not intended for sale or rent…¹
• No general public access. …the general public does not have access to this structure.¹
• 2 years. In an action brought under this chapter, proof of the sale or rent or the offering for sale or rent of the structure by the owner-builder within two years after completion or issuance of a certificate or occupancy is prima facie evidence that the project was undertaken for the purpose of sale or rent, unless otherwise approved by the commission, and is subject to the penalties provided in this chapter.¹
• Owner must personally appear and sign the permit application. To qualify for exemption under this section, an owner must personally appear and sign the building permit application.¹
• State disclosure statement given at permit (excerpt). The exemption allows you, as the owner of your property, to act as your own builder even though you do not have a license. You must supervise the construction yourself. You may build or improve a one-family or two-family residence.¹
• Notice of owner-built structure must be recorded with register of deeds or exemption is revoked. Failure to do so revokes the statutory exemption.¹
• Owner may not hire unlicensed contractors. (F) Nothing in this chapter may be construed to authorize an owner of a residential building or structure to hire a person or entity that is not licensed or registered in accordance with this chapter.¹
• Parallel owner exemption from general/mechanical contractor licensing (Ch. 11). (5) An owner of residential property who improves the property or who builds or improves structures or appurtenances on the property if he does the work himself, with his own employees, or with licensed contractors; provided that the structure, group of structures, or appurtenances, including the improvements, are intended for the owner's sole occupancy or occupancy by the owner's family and are not intended for sale or rent, and provided further, that the general public does not have access to this structure.¹
• Permit office must verify license or exemption. The building official, or other authority charged with the duty of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county shall refuse to issue a permit for an undertaking which requires licensure or registration under this chapter unless the applicant has furnished evidence that he is either licensed or registered in accordance with this chapter or exempt from the requirements of this chapter.¹

Applies to

Owners of residential property (one- or two-family residence per disclosure statement)¹

Contractor licensing

S.C. Code §§ 40-59-20, 40-59-30, 40-59-240(D), 40-11-30, 40-11-200

• $5,000. (6) "Residential builder" means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars.¹
• $500. (7) "Residential specialty contractor" means an independent contractor who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed five hundred dollars and are not regulated by the provisions of Chapter 11.¹
• Plumbers, electricians and HVAC installers/repairers need specialty contractor licenses after passing an exam. Plumbers, electricians, and heating and air conditioning installers and repairers must be issued specialty contractor licenses after passing the required examination, if the other requirements of this article are met.¹
• Roofers are a residential specialty classification. …roofers…¹
• Specialty contractors cannot build additions without a residential builder. A residential specialty contractor is not authorized to construct additions to residential buildings or structures without supervision by a residential builder or other appropriately licensed person or entity.¹
• $5,000. (D) When the total cost of materials and labor for an undertaking performed by a residential specialty contractor for an individual property owner exceeds five thousand dollars, the residential specialty contractor shall obtain an executed bond with a surety in an amount approved by the commission and shall furnish a signed original to the commission.¹
• $10,000. No entity or individual may practice as a contractor by performing or offering to perform contracting work for which the total cost of construction is greater than ten thousand dollars for general contracting or greater than ten thousand dollars for mechanical contracting without a license issued in accordance with this chapter.¹
• Unlicensed residential work: misdemeanor, $500-$10,000 fine or 30+ days. A person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission, which has not expired or been revoked, suspended, or restricted or who knowingly presents to, or files with, the commission false information for the purpose of obtaining a license or registering with the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than ten thousand dollars or imprisoned for not less than thirty days, or both.¹
• Unlicensed residential contractor cannot file a mechanics lien or sue on the contract. (B) Notwithstanding Section 29-5-10, or another provision of law, a person or firm who first has not procured a license or registered with the commission and is required to do so by law may not file a mechanics' lien or bring an action at law or in equity to enforce the provisions of a contract for residential building or residential specialty contracting which the person or firm entered into in violation of this chapter.¹
• Chapter 11 unlicensed practice: misdemeanor, up to 1 year or $5,000. (A) A person who practices or offers to practice in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.¹

Applies to

Residential builders and residential specialty contractors (Ch. 59); general and mechanical contractors (Ch. 11)¹

Can local rules be stricter?

Yes¹

Handyman limits

S.C. Code §§ 40-59-20(6)-(7), 40-11-30 · in effect May 16, 2022¹

• $500. (7) "Residential specialty contractor" means an independent contractor who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed five hundred dollars and are not regulated by the provisions of Chapter 11.¹
• $5,000. (6) "Residential builder" means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars.¹
• 2022 amendment raised specialty threshold from $200 to $500. 2022 Act No. 186, SECTION 2, in (7), in the first sentence, deleted "who is not a licensed residential builder," following "means an independent contractor", substituted "five hundred dollars" for "two hundred dollars", and inserted the second sentence; in (l), substituted "painters and wall paperers;" for "painters/wall papers."; and inserted (m) and the following three undesignated paragraphs.¹

Private plan review and inspections

• City of Charleston: third-party inspections only with Chief Building Official approval. Third-party inspections are not allowed by right and shall be approved by the Chief Building official prior to commencement of construction.⁵

Limits on permit fees

S.C. Code §§ 6-9-30, 6-9-90, 6-9-14

• Local building official may prescribe permit and inspection fees. Based on the needs established by each municipality or county, the building official or appointing authority may appoint and employ other personnel and assistants necessary to perform the required inspections and duties and may prescribe fees for construction permits and inspections.¹
• Fees set by simple majority of governing body. Notwithstanding any other provision of law, the governing body of a county or municipality may impose fees necessary and consistent with Section 6-9-30(B) to implement and continue the programs required by this chapter upon a vote of a simple majority of the governing body unless a super majority vote is required by local ordinance.¹
• No fee for Medicare/Medicaid-funded wheelchair ramps. A municipality or county may not charge a permit fee or require a permit for a wheelchair access ramp built with Medicare or Medicaid dollars as long as the construction is performed, overseen, or inspected by an Americans with Disabilities Act inspector.¹

Selling a home with unpermitted work

S.C. Code §§ 27-50-40, 27-50-65 · in effect May 17, 2018¹

• Seller must give a written disclosure statement. (A) Except for transactions exempted under Section 27-50-30, the owner of the real property shall furnish to a purchaser a written disclosure statement.¹
• Statement must cover building codes, zoning and government notices. …the zoning laws, restrictive covenants, building codes, and other land-use restrictions affecting the real property, any encroachment of the real property from or to adjacent real property, and notice from a governmental agency affecting this real property…¹
• Form language is promulgated by the commission. The disclosure statement must contain the language and be in the form promulgated by the commission and the form may be delivered electronically through the Internet or other similar methods.¹
• Owner may choose "no representations". (B) The disclosure statement must give the owner the option to indicate that the owner has actual knowledge of the specified characteristics or conditions, or that the owner is making no representations as to any characteristic or condition.¹
• Knowingly false or misleading disclosure: liable for actual damages, court costs, possible attorney fees. An owner who knowingly violates or fails to perform any duty prescribed by any provision of this article or who discloses any material information on the disclosure statement that he knows to be false, incomplete, or misleading is liable for actual damages proximately caused to the purchaser and court costs.¹

What local governments may change

S.C. Code §§ 6-9-10(A), 6-9-105; S.C. Code Regs. 8-236(C)

• Locals enforce only the state-listed national codes. The municipality or county shall enforce only the national building and safety codes provided in this chapter.¹
• Locals may not write or publish other building codes. (C) Local jurisdictions are prohibited from writing or publishing any other building codes in part or in whole.⁴
• Council-approved local variations only for physical/climatological conditions. (B) The council may issue an approval after a finding on the record that the variation or modification provides a reasonable standard of public health, safety, and welfare.¹
• Chapter is cumulative to other local ordinances. The provisions of this chapter are cumulative to other local ordinances and do not limit the authority of counties or municipalities.¹

Accessory dwelling units (ADUs)

• H. 3469 would create a property tax exemption for certain ADUs (bill only). "ACCESSORY DWELLING UNIT AFFORDABLE HOUSING INCENTIVE ACT" BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR CERTAIN ACCESSORY DWELLING UNITS.⁶
• IRC Appendix BB Tiny Houses adopted statewide (2024 cycle). Appendix BB is adopted for statewide use.²