Chicago Work That Does Not Need a Building Permit (and the Catch)

Yes, Chicago has a list of work that does not need a building permit. No, it is not "small jobs are free." Each item has a limit, and the limits are where owners get hurt. Here are the items the City's own pages name, then the catch that applies to all of them.

What is the basic rule?

A building permit is required before beginning most construction, demolition, rehabilitation and repair work. A limited range of site work, non-structural repairs, minor alterations and non-occupied structures is exempt. Work done under an exemption must still comply with all construction codes (City of Chicago).

Read the last sentence twice. Skipping the permit does not skip the code.

What repair work needs no permit?

For all structures, repair is exempt only if it does not involve:

• Cutting away or removing part of an exterior wall, interior wall or partition, subfloor or roof.
• Removing or cutting a structural beam, column or load-bearing support.
• Removing or changing required egress (the way people exit).
• Work on mechanical, electrical, plumbing or fuel gas systems.

Exterior work on a Chicago Landmark still needs a permit (City of Chicago). That list is the real definition of "minor." If the job touches any of those items, it is not a no-permit job, even if it feels small.

What exterior work needs no permit?

For residential buildings up to four stories, and accessory buildings like garages, the City lists these as not needing a permit (City of Chicago):

• In-kind replacement of up to 50 square feet of masonry (brick, stone or concrete). In kind means the same material, size and shape.
• In-kind window or door replacement in the existing opening.
• In-kind siding replacement.
• Roof repair, recover or replacement on roofs with a pitch of at least 2:12. Structural roof repair and any low-slope work does need a permit.

Separately, roof repair limited to 25% of the roof area (patching) on any building needs no permit, as long as no part of an exterior wall or roof is cut away (City of Chicago).

Tuckpointing is not on the masonry exemption list. The City treats it as permit-requiring masonry repair, and it is a listed Express Permit worktype. See do you need a permit for tuckpointing.

What porch work needs no permit?

DOB's porch page lists three things (DOB Porch and Deck Safety):

• Routine maintenance such as power washing or painting.
• Replacing non-structural elements (deck boards, stair treads, railing pickets), if you have not received a violation.
• Repairing or replacing a residential porch less than 6 feet off the ground with no more than 50 square feet of landing.

A permit is always required to repair or replace structural elements: columns, beams, foundations, stringers and floor joists, with plans by an Illinois-licensed architect or structural engineer. See when you need a Chicago porch permit.

What site work and flatwork needs no permit?

• Sidewalks, patios and walkways. Installing, altering or removing a concrete or brick sidewalk, patio or walkway needs no permit if it is not in or on the public way, is not more than 30 inches above adjacent grade, and is not over any basement or story below.
• Driveways and parking surfaces. In-kind replacement of a concrete, brick or asphalt parking surface or driveway needs no permit. Establishing, expanding or eliminating off-street parking does.
• Mason license. A mason license is not required for brick or concrete sidewalks, concrete paving, or slab-on-grade foundations for single-story non-occupiable structures like sheds and garages (City of Chicago).

Excavation has a limit too. Grading or excavation no deeper than 5 feet below grade on private property needs no building permit, or no deeper than 10 feet if it is not within 5 feet horizontally of an existing structure or the public way. A stormwater management plan may still be required when excavation disturbs 15,000 or more square feet, or new or reconfigured impervious surface reaches 7,500 square feet (City of Chicago).

What fence work needs no permit?

A fence up to 5 feet above ground (measured on both sides) that conforms to zoning needs no permit. A retaining wall up to 4 feet, measured from the bottom of the footing to the top, with no surcharge and not impounding liquids, needs none either (City of Chicago). We cover fences in Chicago fence permits.

What is the catch?

Five catches apply to nearly every item above.

1. Code still applies. The exemption removes the permit, not the code.
2. Landmarks. Landmark or proposed-landmark properties may not get the exemptions at all (City of Chicago).
3. Hazard rules apply anyway. Lead-safe work practices, asbestos notification and dust control apply regardless. A CDPH air quality permit may apply to masonry grinding (City of Chicago).
4. The public way is separate. Scaffolding, a dumpster or material on the sidewalk, street, alley or parkway needs its own permit from CDOT (City of Chicago).
5. A license can still apply. Chicago's general contractor license rule covers most construction and repair work, including work that is exempt from a permit. It has exceptions, including for owners doing work that needs no permit and for an individual's primary residence of three stories or fewer and six or fewer units, with limits (City of Chicago). The exceptions have conditions, so see Chicago GC license: who needs one and check with DOB (City of Chicago).

How do you know which side of the line you are on?

• Write down what the job physically involves, not what you call it.
• Check it against the conditions above: wall cutting, structural members, exits, size caps, building type and height.
• If anything is close to a limit, ask DOB. If a notice is already on the property, the answer may be different.
• Use our which permit do I need worksheet to walk through it.

When you want a second opinion before anyone swings a hammer, our expediting team will look at the job and tell you which side of the line it is on. For the full map, see the Chicago building permits guide.

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.