Often yes, because the permit depends on the repair, not on the fact that you were cited. The City says a building permit is required before most construction, demolition, rehabilitation and repair work, with a limited list of exemptions. Fixing a violation with unpermitted work can create a second problem. Check the work against the City's list and confirm with the Department of Buildings before you start.
Getting a permit to fix a Chicago building code violation is not automatic and not always required. The rule is about the work you are doing. The City's basic position is that a building permit is required before beginning most construction, demolition, rehabilitation and repair work, with a limited range of site work, nonstructural repairs and minor alterations exempt. Work done under an exemption must still meet all construction codes.
When can a repair skip the permit?
Some repairs are exempt. Repair is exempt only if it does not involve cutting away or removing part of an exterior wall, interior wall, subfloor or roof, removing or cutting a structural beam, column or support, changing required egress, or working on mechanical, electrical, plumbing or fuel gas systems.
For residential buildings up to four stories, the City also lists no permit for in-kind replacement of up to 50 square feet of masonry, in-kind window or door replacement in the existing opening, and in-kind siding. Roof repair on roofs with a pitch of at least 2:12 is on that list too, but structural repair and low-slope roof work are not.
Notice the word "in-kind." A swap of the same thing in the same place is not a redesign. Anything that changes structure, egress, or a building system leaves the exemption.
When does a violation repair need a permit?
Think of the common ones on Chicago two-flats and three-flats: a porch rebuild, a stair or guard repair, structural framing, masonry beyond the small exemption, roof work on a flat roof, electrical or plumbing. Most of those touch structure, egress or a building system, which the exemption list above excludes. Check your specific repair on the City's permit pages or with the Department of Buildings (DOB), because the list is updated and a small job can sit on either side of the line.
Small jobs go through the City's online Express Permit Program, which replaced the old paper Easy Permit process in November 2023. If someone quotes you an "Easy Permit," they are working from old information.
What happens if I fix it without a permit?
The City says that when work starts without a required permit, a city employee issues a stop work order and posts it. Work resumes only after the required permit is obtained and the stop work penalty is paid, and in most cases the permit fee is tripled. The City may also start an enforcement case, and you may have to correct or remove the work at your own expense. Fees and penalties change, so confirm current amounts with DOB.
That is how a one-item notice turns into two cases. It also hurts your proof: for cases in the hearings office, the City says to bring proof of compliance, meaning the permit and before and after photos. If the repair needed a permit and you have none, that proof has a hole in it.
How do I check before I start?
- Write down exactly what the repair involves, in plain words.
- Compare it to the exemption lists above. If it touches structure, egress, or a building system, assume a permit.
- Ask DOB, with your notice in hand. Our step by step repair guide shows where this fits.
- If a permit is needed, hire licensed trades. See hiring a contractor to clear a violation.
- Plan for the follow-up, covered in what the inspector checks at reinspection.
Akats pulls the permits and handles the City paperwork on violation repairs. See our building code violations service and the full owner guide. This is general information, not legal advice.
Common questions
No. The notice tells you what the City alleges. It is not a permit. Whether the repair needs one depends on the work, so check the City's exemption list or ask the Department of Buildings before starting.
Sometimes. The City exempts certain nonstructural repairs and in-kind replacements, such as up to 50 square feet of masonry on residential buildings up to four stories. Anything touching structure, egress or building systems is outside it. Confirm with the Department of Buildings.
Stop and call the Department of Buildings before doing more. The City says unpermitted work can bring a stop work order, a tripled permit fee in most cases, and a requirement to correct or remove the work. Talk to an attorney if you are already in a case.
Sources
- City of Chicago: Guide to Building Permits: What Types of Work Do Not Require a Building Permit?
- City of Chicago: Guide to Building Permits: What Happens If I Start Work Without a Required Permit?
- City of Chicago, Department of Buildings: Porch and Deck Safety
- City of Chicago, Department of Buildings: Express Permit Program
Facts last checked: October 7, 2026.
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.