Emergency Repair in Chicago: Fix First, Permit Later?

If a roof has opened up, a wall is leaning or a stair is failing, you do not have time to wait on paperwork. Chicago's rules allow for that, but they come with conditions, and owners who treat "emergency" as "no permit" end up with a violation. Here is what the City says.

What does the City say about emergency work?

Emergency work that normally requires a permit may be done first if it is needed to prevent imminent harm. Three conditions come with it. A permit application must be submitted the next business day. The work may not be concealed without inspector approval. And emergency scaffolding needs an application within 3 business days (City of Chicago).

Read the words "prevent imminent harm" closely. The rule is about stopping a danger right now: shoring a leaning wall, covering an open roof, securing a failing stair. Whether a larger repair counts as emergency work is a question for the Department of Buildings, not something to assume. These rules are volatile, so confirm the current wording with the City.

How do I file after emergency work?

The City's Express Permit Program has an "Other (Emergency) Work" worktype (City of Chicago). That is where emergency work gets filed. Details of what the application asks for should be checked with the Department of Buildings, since the program changes often. Our article on the Express Permit Program shows how it fits with other worktypes.

A practical list for the first day:

• Make the area safe. If anyone is in danger, call 911 first.
• Photograph the damage before you touch it, and again at each stage.
• Do only what is needed to stop the harm.
• Keep the work visible. Do not close it up until an inspector has approved it.
• File the application the next business day.
• If scaffolding is needed on the sidewalk or alley, remember it sits in the public way and has its own City permit, per the public way rules.

What if I skip the filing?

Then the emergency stops being the story and the unpermitted work becomes it. The City describes what follows when permit-required work starts without a permit: a stop work order, a tripled permit fee in most cases and a possible enforcement case, with the work possibly corrected or removed at your cost (City of Chicago). Nothing in the emergency rule says the permit goes away. It only says it can come second, on a deadline.

Not every repair is an emergency, and not every repair needs a permit. A short list of repairs is exempt as long as they do not involve cutting away exterior walls, structural supports or egress (City of Chicago). See work that does not need a Chicago permit for the limits. If a notice already exists, read what happens when work is done without a permit.

Not sure whether your situation qualifies? The Chicago building permits guide lays out the options, and our permit expediting team can file the emergency application and arrange the repair.

Common questions

This article explains general rules and common situations in Chicago. It is not legal advice, and City rules change. For a specific property, check with the Chicago Department of Buildings or a licensed professional.