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How to legalize unpermitted work: the steps, what it costs, and how long a retroactive permit takes

To legalize unpermitted work you apply for a permit as if the work were new, pay the fee plus any penalty, show the inspector the hidden parts, and fix what fails until you get a final. The penalty is set by each city: Cincinnati charges an investigation fee "equal to the applicable permit fee", up to $1,695 (fee schedule effective 1 July 2026); Palo Alto a penalty equal to the permit fee; Miami two times the scheduled fee on a homestead and four times on other property, plus a base fee. Time is the other cost: an ordinary remodel permit stays open a usual 85 days in Sacramento County and 364 in Saint Paul, and a retroactive one adds drawings and corrections. This page is the how-to; permit vs no permit covers why it matters, and in California most ADUs built before 2020 have their own route (can an unpermitted ADU be legalized).

By Contractor Records · data through October 17, 2026

What legalizing costs, by city

City Penalty for work started without a permit Source
Cincinnati, OH Investigation fee equal to the permit fee, charged in addition, maximum $1,695 Fee schedule effective 1 July 2026
Palo Alto, CA "An additional penalty fee equal to the amount of the permit fee" Work Exempt from Permit handout (rev. 2015)
Miami, FL "Two times that specified in the fee schedule, plus an additional base fee" on homestead property; four times on non-homestead; legalizing a structure built after 2002 by affidavit at "a double permit fee and fine where applicable" Fee schedule Sec. 10-18
Seattle, WA Fines "up to $500 per day"; the city may issue a stop work order SDCI, Construction Without a Permit

Read 20 to 23 October 2026. The penalty is usually the small part. The larger costs are drawings of what exists, opening finished surfaces so the inspector can see the work, and correcting anything that does not meet today's code.

Seven steps to legalize unpermitted work

  1. Find out what is on record. Search the address on the city's permit portal (official search for each city). You may find an old permit that was opened and never closed; that is a different, cheaper fix (why is my permit still open).
  2. Talk to the building department before you apply. Ask whether the work needs a permit at all (minor work is often exempt; see what a homeowner can do without a permit), which code edition applies, and what they accept as evidence of hidden work: photos, an engineer's letter, or open walls.
  3. Get drawings of what exists, if asked. Ask whether plans are needed; for structural work, an addition or a converted garage, expect to need them. A designer or engineer draws the work as built.
  4. Apply as new work. Folsom, California's building counter handout states the usual rule: "Projects without permits shall be considered new construction", requiring "compliance with TODAY'S code requirements". Pay the permit fee and any penalty from the table.
  5. Open up for the inspector. Expect to remove drywall at key points so framing, wiring, plumbing and insulation can be seen. Ask the inspector where before you cut.
  6. Correct what fails. Hire a licensed contractor for the corrections, and have them pull any trade permits (electrical, plumbing) in their own name.
  7. Get the final and keep the paperwork. The closed permit is the answer to the permit question on a seller's disclosure form.

See every Sacramento County remodeler by finished share →

How long a retroactive permit takes

No city in our file marks a permit as retroactive, so the closest guide is how long the same work takes on an ordinary permit. Legalizing usually takes at least that long.

City Remodel: usual days, issue to final Remodel: reached final Addition: usual days, issue to final Addition: reached final
Sacramento County, CA 85 90.2% included with remodel included with remodel
Miami, FL 182 92.8% 313 73.4%
San Francisco, CA 180 81.9% 621 52.2%
Cincinnati, OH 340 64.9% 443 56.0%
Saint Paul, MN 364 51.2% not recorded 20.6%
Minneapolis, MN 161 75.5% 338 76.3%

Permits October 2023 to September 2026. "Reached final" is the share of permits a year or more old that the city closed out. Remodel and addition labels differ a little by city.

Two readings. First, even ordinary permits take months: in Cincinnati an addition stays open a usual 443 days. Second, a lot of permits never reach a final: only 20.6% of Saint Paul addition permits a year or more old did. A legalization that stalls before the final leaves you with an open permit instead of unpermitted work, which a buyer's search will still find. Book the final.

Before you start: what to ask

  • Is the work exempt? If so, there is nothing to legalize.
  • What evidence will the inspector accept instead of open walls?
  • Which code edition applies: today's, or the one in force when the work was done? (Folsom: today's.)
  • Is there an amnesty or affidavit route? Miami has one for structures built after 2002, and California has one for ADUs built before 2020.
  • Will a contractor pull the permit, or will you as owner? If the original contractor was supposed to, ask them in writing first.

What this page cannot tell you

We read four cities' penalty rules out of more than 50 in our data, and Palo Alto's handout dates from 2015; check your own department's current fee schedule. Our day counts are for ordinary permits, not legalizations, and the cost of corrections depends entirely on what the inspector finds.

How we know this

Penalty rules are quoted from the Cincinnati, Miami and Palo Alto fee schedules or handouts and Seattle SDCI's page, read 20 to 23 October 2026; the Folsom handout states the new-construction rule. Days are the median from permit issue to final inspection for each city's remodel and addition work types over its window ending September 2026, and "reached final" is the share of those permits a year or more old that the city closed out.

Numbers come from City of Miami building permits (since 2014); City of Cincinnati building permits (residential, Residential Code of Ohio); City of Palo Alto Development Center building permits on single-family, duplex and ADU homes; Sacramento County building permits on single-family, duplex and townhouse homes in the unincorporated county (the County's Accela permit layer); City of Saint Paul building and trade permits (the City's old approved-permits file up to June 2025, and the City's PAULIE permit system since September 2025), with the contractor named on each permit; San Francisco DBI building permits on one- and two-family homes, with the contractor from the city's permit contacts file, data through October 17, 2026. Nobody paid to be on this page and nobody can.

Questions

  • How much does it cost to legalize unpermitted work?

    The permit fee for the work as if it were new, plus a penalty in many cities, plus whatever it costs to open walls and fix what fails. Cincinnati adds an investigation fee equal to the permit fee, up to $1,695; Palo Alto a penalty equal to the permit fee; Miami charges two times the scheduled fee on a homestead and four times on other property, plus a base fee.

  • How long does it take to get a retroactive permit?

    As long as a normal permit for the same work, plus the time to draw what exists and correct what fails. For comparison, an ordinary remodel permit went from issue to final in a usual 85 days in Sacramento County, 180 in San Francisco and 364 in Saint Paul; an addition 621 days in San Francisco.

  • Will the inspector make me open the walls?

    Often, for anything hidden. Folsom, California's building counter says projects without permits 'shall be considered new construction' and must meet 'TODAY'S code requirements', which means the inspector has to see framing, wiring, plumbing and insulation. Ask the department what it will accept instead, such as photos taken during construction, before you cut.

  • Can I sell a house with unpermitted work?

    Yes, but disclosure forms in Texas, Washington and Oregon ask in writing whether work was permitted. Our permit vs no permit guide has the questions on each form. Legalizing before listing turns a disclosure into a closed permit.

  • Can I make the contractor who did the work pay to permit it?

    If your contract said the contractor would pull the permit, yes, in principle: ask in writing first, then file with the license board. California requires a home improvement contract to say who gets the permits. Our contractor didn't finish the job guide covers the complaint steps.