Texas building permits

Where to get a building permit in Texas

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

Our Texas city guides, with each department's contacts, fees, inspections and project rules:

• Houston
• San Antonio
• Dallas
• Fort Worth
• El Paso
• Arlington
• Austin

Texas state agencies

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

Building code in Texas

For homes, the residential code is the International Residential Code, as it existed on May 1, 2012¹; the statute’s current wording took effect January 1, 2022¹ (set by state statute for cities¹).

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

State rules on which work needs a permit

Tex. Occ. Code § 1301.551(c); Tex. Loc. Gov't Code §§ 214.221, 233.153(d)

• A city plumbing ordinance must require a permit for all plumbing except repairing leaks and replacing lavatory or kitchen faucets, ballcocks or water control valves, garbage disposals or water closets (these are left out of the state-mandated permit list). (c) A municipality that adopts an ordinance or bylaw under this section shall provide by ordinance or bylaw that a person must obtain a permit before the person performs plumbing, other than the repairing of leaks, the replacement of lavatory or kitchen faucets, the replacement of ballcocks or water control valves, the replacement of garbage disposals, or the replacement of water closets.⁹
• Cities over 5,000 must regulate plumbing, including water heaters. (a) A municipality with more than 5,000 inhabitants shall regulate by ordinance or bylaw the material, construction, alteration, and inspection of any pipe, faucet, tank, valve, water heater, or other fixture by or through which a supply of water, gas, or sewage is used or carried.⁹
• Solar pergolas exempt from municipal building code. A municipality may not apply a municipal building code to the construction of a solar pergola.¹
• No prior county approval for new homes under county residential code standards. …require prior approval by the county before the beginning of new residential construction…²
• No municipal fire sprinkler mandate for one- and two-family dwellings. (i) Notwithstanding any other provision of state law, after January 1, 2009, a municipality may not enact an ordinance, bylaw, order, building code, or rule requiring the installation of a multipurpose residential fire protection sprinkler system or any other fire sprinkler protection system in a new or existing one- or two-family dwelling.⁹

Homeowners doing their own work

Tex. Occ. Code §§ 1301.051, 1302.053, 1305.003(a)(6); Tex. Loc. Gov't Code § 233.157(c)

• A property owner is not required to be licensed under this chapter to perform plumbing in the property owner's homestead.⁹
• Yes, in or on a dwelling the person owns and resides in, only for work not specifically regulated by a municipal ordinance (exemption from state electrician licensing). …work not specifically regulated by a municipal ordinance that is performed in or on a dwelling by a person who owns and resides in the dwelling…¹⁰
• This chapter does not apply to a person who engages in air conditioning and refrigeration contracting in a building owned solely by the person as the person's home.¹¹
• Owner-builder of own primary residence exempt from county notice penalty. …the individual intends to use the residence as the individual's primary residence.²
• Owner-builder of own primary residence: no penalty for missing county notices. …the new residential construction is built by the individual or the individual acts as the individual's own contractor…²

Contractor licensing

Tex. Occ. Code §§ 1301.351, 1302.251, 1305.151

• Electrical work requires a TDLR license. Except as provided by Section 1305.003, a person or business may not perform or offer to perform electrical work or residential appliance installation unless the person or business holds an appropriate license issued or recognized under this chapter.¹⁰
• HVAC contracting requires a TDLR license. (a) A person may not engage in air conditioning and refrigeration contracting unless the person holds an air conditioning and refrigeration contractor license under this subchapter or Subchapter G.¹¹
• Plumbing requires a TSBPE license, endorsement or registration. …the person holds the proper license, registration, or endorsement required by this chapter…⁹
• Check state-licensed trades (e.g. electricians) with TDLR. If you are hiring the kind of worker who must be licensed by the state (such as an electrician), contact the licensing agency to check the person's credentials and inquire about complaints.⁵

Deadlines for permit decisions and inspections

Tex. Loc. Gov't Code §§ 214.904, 233.901, 247.002

• 45 days. Not later than the 45th day after the date an application for a permit is submitted, the municipality must…¹
• 30 days. (c) For a permit application for which notice is provided under Subsection (b)(2), the municipality must grant or deny the permit not later than the 30th day after the date the notice is received.¹
• Missed deadline: no permit fees, and collected fees refunded. …shall refund to the applicant any permit fees associated with the application that have been collected.¹
• Applies to city permits to erect or improve a building, in the city or its ETJ. (a) This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction.¹
• Same 45-day rule for counties of 3.3 million or more. (a) This section applies only to a permit required by a county with a population of 3.3 million or more to construct or improve a building or other structure in the county, but does not apply to a permit for an on-site sewage disposal system.²
• 15 days. If a regulatory authority does not approve, conditionally approve, or disapprove a development document by the 15th day after the date prescribed by a provision of this code for the approval, conditional approval, or disapproval of the document, any required review of the document may be performed by a person…¹²
• No waiver of deadlines may be required. A regulatory authority may not request or require an applicant to waive a deadline or other procedure under this chapter.¹²

Private plan review and inspections

Tex. Loc. Gov't Code §§ 247.002-247.004; § 233.154(a)(3)

• Third-party inspection allowed if the authority misses its inspection deadline by 15 days. If a regulatory authority does not conduct a required development inspection by the 15th day after the date prescribed by a provision of this code for conducting the inspection, the inspection may be conducted by a person…¹²
• Eligible inspector includes ICC-certified building inspector. …certified to inspect buildings by the International Code Council…¹²
• No extra fee for third-party review or inspection. A regulatory authority may not impose a fee related to the review of a development document or the inspection of an improvement conducted under this chapter.¹²
• Third party must report results within 15 days. …not later than the 15th day after the date the person completes the review or inspection, provide notice to the regulatory authority of the results of the review or inspection.¹²
• Opt-in county new homes: builder hires the inspector. …is responsible for contracting to perform the inspections required by this subsection with…²

Limits on permit fees

Tex. Loc. Gov't Code §§ 214.907, 214.908; § 233.153(f); § 247.003

• Residential permit and inspection fees may not be based on home value or construction cost. In determining the amount of a building permit or inspection fee required in connection with the construction or improvement of a residential dwelling, a municipality may not consider…¹
• City may not require cost/value disclosure for a building permit (except FEMA/NFIP). (b) A municipality may not require the disclosure of information related to the value of or cost of constructing or improving a residential dwelling as a condition of obtaining a building permit except as required by the Federal Emergency Management Agency for participation in the National Flood Insurance Program.¹
• Building permit fees lapse after 10 years unless reauthorized after a public hearing. A building permit fee is abolished on the 10th anniversary after the date the fee is adopted or most recently reauthorized under this section unless the governing body of the municipality that adopted or reauthorized the fee…¹
• County may not charge fees to enforce county residential code standards. (f) A county may not charge a fee to a person subject to standards under this subchapter to defray the costs of enforcing the standards.²

Selling a home with unpermitted work

Tex. Prop. Code § 5.008

• Seller of a single-dwelling home must give the written disclosure notice. (a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section.¹³
• Notice asks whether seller is aware of unpermitted additions/alterations. __ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.¹³
• Seller answers to the best of their knowledge. (d) The notice shall be completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller.¹³

What local governments may change

Tex. Gov't Code § 3000.002

• Local governments may not ban building products/materials approved by a national model code from the last three cycles. …prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building…¹⁴
• Local amendments allowed if they do not conflict. (b) A governmental entity that adopts a building code governing the construction, renovation, maintenance, or other alteration of a residential or commercial building may amend a provision of the building code to conform to local concerns if the amendment does not conflict with Subsection (a).¹⁴