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Do You Need a DOB Permit? NYC Homeowner Guide

Most NYC construction needs a DOB permit, but painting, cabinets and fixture swaps don’t. See DOB’s list, license rules and how to check a home’s permits.

6 min read · Updated

Most construction in New York City needs a Department of Buildings (DOB) permit, but common cosmetic work does not: DOB lists painting, plastering, installing new cabinets, replacing plumbing fixtures, resurfacing floors and non-structural roof repair as examples that need no permit. Anything structural, anything that changes how the space is used or exited, and new plumbing, gas or electrical work goes through DOB, and some no-permit work, such as ordinary plumbing, must still be done by a licensed tradesperson.

Below is DOB’s own list, organized by project, plus how to check a property’s permits and what unpermitted work costs you later.

At a glance

Default
Permit required
Exceptions are listed in code and rule
Who files plans
PE or RA
A Registered Design Professional
Plumbing repairs
Licensed Master Plumber
Even when no permit is needed
Contractors
DCWP HIC license
For home improvement work

Where the rules come from

The permit requirement and its exceptions are in the NYC Administrative Code, §28-105. DOB points homeowners to four kinds of exempt work:

  • Minor alterations and ordinary repairs (§28-105.4.2), detailed in DOB’s rule 1 RCNY 101-14.
  • Ordinary plumbing work (§28-105.4.4): listed maintenance and repair, including allowed replacement or relocation of plumbing, gas piping, equipment and components. No permit, but it must be done by a Licensed Master Plumber.
  • Emergency work (§28-105.4.1): licensed contractors may do permit-required work to relieve an emergency, such as gas leak repairs or fixing residential heat or hot water equipment during the heating season, as long as they file an Emergency Work Notification with DOB within two business days after finishing.
  • Some service equipment, listed in Table 2 of 1 RCNY 101-14, such as small packaged air conditioners.

An exemption from a DOB permit does not exempt you from other agencies. The rule itself says you may still need approval from the Landmarks Preservation Commission, the Fire Department, the Department of Environmental Protection or others, and that related structural, electrical or plumbing connections may need their own DOB filing.

Project-by-project: permit or not?

Common homeowner projects under DOB rules
ProjectPermit?Conditions and notes
Painting, plasteringNoDOB example of no-permit work
New kitchen cabinetsNoContractor needs a DCWP Home Improvement Contractor license
Refinishing or resurfacing floorsNoDOB example of no-permit work
Replacing a toilet, sink or faucetNoOrdinary plumbing work: a Licensed Master Plumber must do it
New plumbing or gas lines beyond ordinary workYesPlumbing filing by a Licensed Master Plumber
Electrical installation or modificationYesElectrical permit and a Licensed Master Electrician; some small replacements skip the DOB inspection but still need the permit
Removing part of a non-load-bearing, non-fire-rated wallMaybeExempt in a residence only up to the lesser of 50% of the wall or 45 sq ft; permit needed in listed anti-harassment areas and SRO buildings
Removing a load-bearing wallYesStructural work needs a design professional and permit
Reroofing above the deckNoMembrane, coverings and insulation above the deck, if the Energy Code needs no added insulation
Reroofing including deck or sheathingYes
Brick repointingNoUnit masonry, not terra cotta or stone
Replacing windowsMaybeExempt only if not on the lot line, no change to the masonry opening, light, ventilation or operable area; fire-rated windows need a permit
Gutters and leadersNoReplacement in kind
Window or sleeve air conditionerNoUp to 5 tons in a one- or two-family home (3 tons in other buildings), not part of a larger permitted job
Fence (one- or two-family home)No6 feet or less
Shed (one- or two-family home)NoUp to 120 sq ft and 7′6″ high, 3 ft from lot lines, one per lot
Pool (one- or two-family home)NoUp to 400 sq ft; in-ground pool edge farther from buildings and lot lines than the pool’s depth; needs a slop sink for indirect waste
Satellite dish, awning, flagpole (one- or two-family home)NoExempt on one- and two-family homes
Adding a unit, finishing a basement as living space, changing use or exitsYesNeeds plans by a PE or RA; may need a new or amended certificate of occupancy
Source: NYC DOB, Do I Need a Permit? and 1 RCNY §101-14 Tables 1–3

When you do need a permit

  1. 1

    Hire a design professional

  2. 2

    File and get approval

  3. 3

    Hire licensed trades

  4. 4

    Check for asbestos

  5. 5

    Pass inspections and get sign-off

How to check a property’s permits and violations

Before you buy, and before you start work, look at what is already on file:

Watch for jobs stuck in “permit issued” or “in process” for years with no sign-off. An open job can mean the work was never inspected.

What unpermitted work costs you

Skipping a permit saves time now and costs money later:

  • Violations stay open until you prove the fix. DOB says a violation keeps showing as open in its records, even after you pay the OATH penalty, until DOB accepts a Certificate of Correction. Fixing unpermitted work often means filing for permits after the fact, opening walls for inspection, or removing the work. See how to clear DOB violations.
  • Sales get harder. Buyers’ attorneys, lenders and co-op boards search DOB records. Open jobs, open violations, or a layout that doesn’t match the certificate of occupancy can delay or kill a deal or cut the price. Sellers of houses also answer questions about the property’s condition; see the property condition disclosure guide.
  • Insurance questions. If unpermitted work causes a fire or leak, expect your insurer to ask how it was done. Tell your insurer about renovations; see homeowners insurance basics.
  • Safety. Permits and inspections exist because gas, electrical and structural mistakes hurt people. An illegal basement or cellar unit is a particular risk; if you want to add a unit legally, see adding an ADU in NYC.
Fact-checked October 12, 2026

Independent re-check 2026-10-12: DOB Do I Need a Permit (no-permit examples, §28-105.4 exemption categories, Licensed Master Plumber for ordinary plumbing, emergency notification within two business days, PE/RA/borough director can explain exceptions). 1 RCNY 101-14 PDF re-read line by line: Table 1 sheds (120 sq ft, 7 ft 6 in, 3 ft from lot lines, one per lot), fences 6 ft, pools 400 sq ft with setback and slop sink, packaged AC 5 tons; Table 2 packaged AC 3 tons, Group R partition removal lesser of 50%/45 sq ft with special district/anti-harassment and SRO exceptions, reroofing above deck vs deck; Table 3 repointing (unit masonry), window replacement conditions (fire-rated windows need permit), gutters/leaders in kind, flagpoles/awnings/satellite dishes exempt on 1-2 family; section (c) other-agency filings. Electrical row corrected: DOB owner page says any electrical installation or modification needs a permit and a Licensed Master Electrician (was shown as just a filing by any licensed electrician). Electrical FAQ: 12-month validity, $130 renewal. Obtaining a Permit: DOB NOW: Build, professional certification skips plan review but is audited. Job Status: BIS Jobs/Filings path. Resolving Issues: violation open until Certificate of Correction accepted even if OATH penalty paid. Removed unverified claim about borough-office homeowner evening hours. BIS/DOB NOW portal URLs return 403 to scripted requests (bot protection) but are the official addresses.

Sources

  1. Do I Need a Permit? · NYC Department of Buildings (accessed October 12, 2026)
  2. 1 RCNY §101-14: Categories of work that may or may not require a permit · NYC Department of Buildings (accessed October 12, 2026)
  3. Obtaining a Permit · NYC Department of Buildings (accessed October 12, 2026)
  4. Working on Your Project · NYC Department of Buildings (accessed October 12, 2026)
  5. DOB NOW: Build Electrical Filings FAQs · NYC Department of Buildings (accessed October 12, 2026)
  6. Project Requirements for Owner: Electrical Systems · NYC Department of Buildings (accessed October 12, 2026)
  7. Find Licensed Professionals · NYC Department of Buildings (accessed October 12, 2026)
  8. Job Status · NYC Department of Buildings (accessed October 12, 2026)
  9. Resolving Issues · NYC Department of Buildings (accessed October 12, 2026)
  10. Home Improvement Contractor License Application Checklist · NYC Department of Consumer and Worker Protection (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.

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