South Dakota building permits

Where to get a building permit in South Dakota

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

South Dakota state agencies

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

Building code in South Dakota

For homes, the residential code is the 2024 International Residential Code¹⁰, in effect since July 1, 2026⁹ (adopted locally¹⁰).

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

State rules on which work needs a permit

SDCL 11-10-15; SDCL 36-25-19.2; ARSD 20:44:18:01

• No permit for like-for-like repair/replacement of listed exterior parts of an owner-occupied detached single-family home. Notwithstanding any authority granted to a county, municipality, or township to prescribe building codes or standards or to issue building permits, a county, municipality, or township may not require a building permit for the repair or substantially similar replacement of any of the following existing exterior parts of a detached single-family owner-occupied residential structure…¹⁷
• Door, if the dimensions remain the same. Door, if the dimensions remain the same…¹⁷
• Downspout. Downspout…¹⁷
• Fascia. Fascia…¹⁷
• Fencing panel or post. Fencing panel or post…¹⁷
• Gutter. Gutter…¹⁷
• Siding, if nonstructural. Siding, if nonstructural…¹⁷
• Soffit. Soffit…¹⁷
• Window, if the dimensions remain the same. Window, if the dimensions remain the same.¹⁷
• Other codes still apply. Nothing in this section relieves a homeowner from compliance with any other applicable building code or ordinance.¹⁷
• Historic properties excepted. A county, municipality, or township may require building permits for repairs pursuant to this section or substantially similar replacements for exterior parts of any designated historical property as authorized under chapter 1-19B.¹⁷
• No state plumbing permit for repairs/fixture replacement that do not cut into or extend water and waste systems. No plumbing permit is required if the plumbing repair work or plumbing fixture replacement…¹⁸
• Does not involve cutting into or extending existing water and waste systems. Does not involve cutting into or extending existing water and waste systems…¹⁸
• No state plumbing permit where a local plumbing permit was issued. No plumbing permit is required in any political subdivision where a local plumbing permit has been issued, unless a state-conducted inspection is requested in addition to the local inspection.¹⁸
• $30. (3) Any other electrical installation with an estimated inspection fee of thirty dollars or more as calculated in chapter 20:44:20.³

Applies to

Detached single-family owner-occupied homes¹⁷

Can local rules be stricter?

No¹⁷

Homeowners doing their own work

SDCL 36-16-15; ARSD 20:44:18:06, 20:44:22:06; SDCL 36-25-17

• No license is required of a person installing electric wiring in or on…¹⁹
• Own residence including accessory structures. The person's own residence, including attached or unattached accessory structures and the parcel of land upon which the structures are situated…¹⁹
• Single-family home under construction that the owner will occupy. The premises of a single-family dwelling unit that is in the process of being constructed if the person owns the premises and intends to occupy the premises as the person's residence when construction is complete…¹⁹
• "Residence" = detached owner-occupied single-family dwelling. For the purposes of this section, the term "residence" means a detached owner-occupied single-family dwelling.¹⁹
• Owner wiring needs a wiring permit. Electrical wiring being performed under an owner's exemption…³
• One owner's permit per three years. The applicant has not applied for a permit under the Owner's Exemption in the last three years…²⁰
• Only the owner or spouse may do the wiring. (4) The applicant or applicant's spouse are the only persons performing the wiring.²⁰
• Apply before starting. You MUST have an approved homeowner permit BEFORE starting any electrical work.⁵
• No owner wiring on rental or commercial property. Note: Homeowners are not allowed to conduct an installation on commercial or rental property with a Homeowner's permit.⁵
• Electrical permit life three years. Current life of a permit is three years.⁵
• Plumbing on premises owned and actually occupied by the person as the person's residence…²¹
• New single-family home the owner will occupy. Plumbing on premises of a single-family dwelling unit that is in the process of being constructed, if the person owns the premises and intends to actually occupy the premises as the person's residence when construction is complete…²¹
• Homeowner plumbing permits: single-family dwelling only. Homeowner plumbing permits are for residences only, which means it must be a single-family dwelling.⁷
• $130. If approved, you will need to submit a $130 check or money order (made payable to the "State Plumbing Commission") and we will send your certificate and a packet containing code information.⁷
• 2 years. Certificates expire two years from the date the permittee signs and dates the permit.⁷

Applies to

Owner-occupants of detached single-family homes¹⁹

Contractor licensing

SDCL 10-46A-15, 10-46A-12.1; SDCL 36-16-1, 36-16-14; SDCL 36-25-17

• Contractor's excise tax license required. Every contractor or person engaging in a business in this state whose receipts are subject to tax under this chapter shall file with the Department of Revenue an application for a contractor's excise tax license.²²
• Contractor's excise tax license for construction services. Any person entering into a contract for construction services (as defined in Division C of the Standard Industrial Classification Manual of 1987) or engaging in services that include the construction, building, installation, or repair of a fixture to real property must have a South Dakota contractor’s tax license.⁸
• 2%. The excise tax imposed on the gross receipts for construction projects is at a rate of 2%.⁸
• Excise tax license number posted with the building permit. A contractor shall post his excise tax license number assigned pursuant to this chapter with the building permit for a realty improvement project.²³
• Electrical contractor license from State Electrical Commission. Any person, firm, partnership, limited liability company, or corporation engaged, or offering to engage, in business as an electrical contractor as defined in § 36-16-2 or any person performing the work as defined in this chapter, shall obtain a license from the State Electrical Commission before any person may undertake and perform such work to the end that any such work will be safely and properly installed in accordance with approved standards for such work.²⁴
• Only electrical contractors may contract for wiring. No contract, agreement, or understanding with another for the installation of electrical wiring or the installation of electrical parts of other apparatus shall be entered into by anyone not an electrical contractor.²⁵
• Plumbing license required on public water/sewer properties. No person may engage in plumbing for which a license is required pursuant to § 36-25-19 on any property which is in connection with a public system of waterworks or sewerage unless that person is licensed by the commission.²¹

Private plan review and inspections

• Electrical inspections by commission-approved inspectors. The State Electrical Commission shall approve inspectors qualified in accordance with subdivision 36-16-2(4) and shall, in compliance with chapter 1-26, establish the rules to be followed by the inspectors.²⁶

Selling a home with unpermitted work

SDCL 43-4-37 to 43-4-44

• Seller must deliver the disclosure statement before a written offer. The seller of residential real property shall furnish to a buyer a completed copy of the disclosure statement before the buyer makes a written offer.²⁷
• Form asks about work that required a permit. Are you aware of any work upon the property which required a building, plumbing, electrical, or any other permit?²⁸
• Form asks whether a permit was obtained. Was a permit obtained for work performed upon the property?²⁸
• Form asks whether the work was inspected and approved. Was the work approved by an inspector as required by local or state ordinance?²⁸
• Form asks about building code violation notices. Are you aware of any current or pending litigation, foreclosure, zoning, building code or restrictive covenant violation notices, mechanic's liens, judgments, special assessments, zoning changes, or changes that could affect your property?²⁸
• Liability for actual damages and repairs. However, a person who intentionally or who negligently violates §§ 43-4-37 to 43-4-44.1, inclusive, is liable to the buyer for the amount of the actual damages and repairs suffered by the buyer as a result of the violation or failure.²⁹
• Applies to buildings of up to four units in one structure. (3) "Residential real property," all residential real property consisting of not more than four family dwelling units, all of which are contained in one structure…³⁰
• Newly built, never-occupied homes excluded. (6) Transfers of newly constructed residential real property which has never been occupied.³¹

Applies to

Residential real property of not more than four units³⁰