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Who is responsible for permits on a Maryland home improvement job?

Short answer. The prime contractor. Under COMAR 09.08.01.08 you must obtain all necessary permits and licenses before work begins, and structural and plumbing changes always need them.

  • COMAR 09.08.01.08

Work it through

You're the contractor. Pick what you'd do, then see how each choice plays out.

Sarah Mitchell

First-time homeowner who wants a kitchen renovation

The contract is signed. Sarah's renovation involves moving a load-bearing wall and adding a kitchen island with new plumbing connections.

"Do we need a permit for this? My last contractor said permits are optional for small jobs."

  1. Correct

    Under COMAR 09.08.01.08, the prime contractor has a duty to obtain all necessary permits and licenses before commencing work. Structural changes and plumbing modifications always require permits. Her previous contractor gave illegal advice. Pulling permits protects everyone — it ensures inspections happen and the work meets code.

  2. Partial

    Checking is better than skipping, but as a licensed contractor you should know that structural modifications and plumbing changes require permits in every Maryland jurisdiction. COMAR 09.08.01.08 places the duty to secure permits on the prime contractor, not the homeowner.

  3. Wrong

    This is a direct violation of COMAR 09.08.01.08. The duty to secure all required permits falls on the prime contractor, not the homeowner. Shifting this responsibility is both illegal and a common reason for MHIC complaints. If unpermitted structural work fails, you face liability, fines, and license action.

All 26 permits, inspections & building codes questions

  1. Who is responsible for permits on a Maryland home improvement job?
  2. Can you skip permits if the homeowner asks you to?
  3. How do you build permit costs into a contract?
  4. Which home projects need a permit in Maryland?
  5. Do cosmetic bathroom refreshes in rentals need permits?
  6. What happens when an inspector finds work without a permit?
  7. What is your liability when unpermitted work fails?
  8. How should you handle a problem the inspector finds?
  9. Why do building inspections happen in stages?
  10. How do you get a building permit approved faster?
  11. Where is fire blocking required under IRC R302.11?
  12. When does a basement bedroom need an egress window?
  13. Where are smoke alarms required after a renovation?
  14. Can a homeowner refuse GFCI outlets in the kitchen?
  15. When does a deck stairway need a handrail?
  16. Does a bathroom need an exhaust fan under the IRC?
  17. How must a deck ledger be attached to the house?
  18. How is energy code compliance checked on an addition?
  19. Does the ADA apply to a single-family bathroom remodel?
  20. When does a retaining wall need an engineered design?
  21. What is required before removing a load-bearing wall?
  22. Can you build a deck over a utility easement?
  23. When does a patio trigger stormwater management in Maryland?
  24. Does a building permit override HOA approval?
  25. How do you take over a job another contractor abandoned?
  26. How do you assess a homeowner's failed DIY renovation?