YesPermit

How to get a permit for work already built

Work built without a permit is legalized through an as-built (or legalization) permit: the city investigates, you submit plans of what exists, pay the permit fee plus any investigation fee or penalty, and pass inspections, sometimes after opening walls or providing an engineer's evaluation. Work that breaks a setback or sits in an easement may have to be removed instead.

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Key facts

Two hands holding a red spirit level flat on a white surface

Can you get a permit after the work is done?

Often, yes. Building departments have a procedure for it, usually called an as-built permit, legalization permit or after-the-fact permit. Garden Grove, California, states its purpose: to make sure unpermitted work complies with the minimum standards for life safety, structural integrity and code compliance[1]. Washoe County, Nevada, says applying to legalize existing work is identical to applying for new work[4].

It is not an amnesty. The work has to meet the code, and it costs more than a permit taken on time.

The as-built process, step by step

Garden Grove and Newport Beach, California, have written their procedures down. They follow the same steps[1][2]:

  1. Investigation. A code enforcement officer or inspector visits the site, evaluates its safety, determines the extent of the unpermitted construction, and writes a report of visible violations.
  2. Plans. You submit plans of the work to legalize, including structural plans and calculations and, in California, energy and CALGreen compliance documents. The plans must show everything covered by the as-built permit.
  3. Plan review. The plan check engineer matches your plans against the investigation report so that all the unpermitted work is included. Newport Beach marks the cover sheet "Work prior, without a permit, subject to verification by the building inspector."
  4. Fees. Plan check, investigation and inspection fees under the city's schedule; Garden Grove adds that additional penalties may apply.
  5. Inspections. The inspector verifies the work against the approved plans and the code.

Visible work vs. covered work

What decides the difficulty is whether the inspector can see the work.

Visible work. Turlock, California, explains that where the work is still open and readily visible, such as re-roofs, gazebos and decks, it can be permitted to legalize it just as if it was new[3]. Washoe County gives similar examples for small visible projects: most simple electrical and plumbing, water heaters, fences and re-roofs[4].

Covered work. When finishes hide the work, Turlock asks owners to contact the building division to learn whether legalization is possible at all and what it takes[3]. The inspector decides how much must be opened: Garden Grove's inspector may require opening walls, ceilings or other concealed areas[1], and Newport Beach's inspector determines how many areas must be exposed[2]. When structural framing or foundations are not visible, both cities require an evaluation by a licensed professional engineer[1][2].

Washoe County offers two routes for concealed work: expose it, fully or partially, before inspection, or, if that is not feasible or too costly, have it certified by a third party, a licensed engineer, architect, residential designer or a contractor licensed in that discipline, in a letter stating it meets the currently adopted codes[4].

What it costs on top of the permit

PlaceExtra cost of legalizingSource
New York City$600 civil penalty to legalize unpermitted work on a one- or two-family home ($6,000 on other buildings)DOB Form L2[5]
Miami Lakes, FloridaAn extra 100% of the permit fee plus $100 when work started before the permit (first offense)Fee schedule[6]

New York City allows a reduction request when only part of the work was done without a permit, backed by an affidavit from a professional engineer or registered architect and at least four photographs taken within two business days of the inspection[5].

When the answer is removal

Some work cannot be legalized where it stands. Washoe County lists setback violations, work located in drainage ways or easements, and technical violations among projects that may be denied a permit, and says a demolition permit may then be required to bring the property into compliance[4]. Turlock notes that owners sometimes find it easier and more cost-effective to remove the unpermitted work[3]. In New York City, removing it still carries the $600 penalty on a one- or two-family home[5].

Why not just leave it?

Because it stays on the property. Fairfax County, Virginia, applies its unpermitted construction rules to homes that have been bought and sold, regardless of when the construction was done[7]. It surfaces at the worst time: a sale, a refinance, a claim. Read what happens if you build without a permit and unpermitted work when selling a house.

The next project: permit first

Everything on this page is the price of skipping one step. For your next deck, shed, fence or addition, the permit taken before the work costs the normal fee, the inspector sees the work while it is open, and nothing has to be opened up later. That is what we prepare: your city's rules, sourced, the site plan with your distances to the property lines, the permit drawings, the forms and fees, and with the All-in offer, the follow-up until approval.

We handle the permit. You build your project.

  • Your city's rule, for your addressThe code section, its link and the date we checked it.
  • Site plan and dimensioned drawingsDistances to your property lines, ready for the application.
  • The form, where to file it, and the published feePlus the documents list and an HOA request template.
  • Reviewed, then revised until approvedWith All-in, after every comment from the city, for up to 6 months.
Approved or your money backFull refund if the city refuses your permit for a written requirement we should have caught. Read the conditions

Common questions

Can I get a permit for a deck that is already built?

Usually you apply as if it were new. Turlock, California, says open, visible work such as decks, gazebos or re-roofs can be permitted to legalize it just as if it was new. Expect drawings of the deck as built, the fees, and inspections, which may include exposing footings.

Will the inspector make me open walls?

Possibly. Garden Grove and Newport Beach, California, let the inspector decide how many areas must be opened to verify concealed work. Washoe County, Nevada, accepts as an alternative a certification letter from a licensed design professional or a licensed contractor of the discipline.

Which code applies to work I already built?

Usually today's. Newport Beach and Garden Grove, California, legalize unpermitted work under the code in effect at the time of the as-built application, not the code of the year it was built.

How much does an after-the-fact permit cost?

The normal permit fee plus what your city adds. In New York City, legalizing unpermitted work on a one- or two-family home carries a $600 civil penalty; in Miami Lakes, Florida, work started before the permit pays an extra 100% of the permit fee plus $100.

We handle the permit. You build your project.

  • Your city's rule, for your addressThe code section, its link and the date we checked it.
  • Site plan and dimensioned drawingsDistances to your property lines, ready for the application.
  • The form, where to file it, and the published feePlus the documents list and an HOA request template.
  • Reviewed, then revised until approvedWith All-in, after every comment from the city, for up to 6 months.
Approved or your money backFull refund if the city refuses your permit for a written requirement we should have caught. Read the conditions

Sources

  1. City of Garden Grove, California, Policy 26-019, As-Built Permits. Checked October 13, 2026.
  2. City of Newport Beach, California, Policy Memorandum ADMIN 5, As-Built Permits (effective March 10, 2020). Checked October 13, 2026.
  3. City of Turlock, California, Unpermitted Construction. Checked October 13, 2026.
  4. Washoe County, Nevada, Building Program, Work Done Without A Permit. Checked October 13, 2026.
  5. New York City Department of Buildings, Form L2 instructions, civil penalties for work without a permit (rev. 03/2026). Checked October 13, 2026.
  6. Town of Miami Lakes, Florida, Building Department Fee Schedule (effective 10/1/2020), double fees. Checked October 13, 2026.
  7. Fairfax County, Virginia, Department of Code Compliance, Unpermitted Construction (September 2024). Checked October 13, 2026.
$399 $499All-in, approved or refunded
Get my permit · $399