Do I need a permit to build my cabin?
The most common question we get...
Here’s a conversation I’ve had many times:
“Ok, so I’ve got this amazing piece of land upstate, I want to put a cabin on it. I’m pretty sure we don’t need permits.”
“Did you speak to the town’s enforcement officer already?”
“No, it’s going to be small, I think we’ll be OK”
“How Small? Under 140 square feet?”
“No, I was thinking like 900 square feet, but I want it to be off-grid so I don’t think they’re necessary”
“Ok, that’s likely going to need a permit and engineering stamps…”
I’m not sure where the confusion comes from, but it’s understandable. It FEELS like you should be able to drop a small cabin on your land without needing to jump through hoops. Stories of Texas or North Dakota, where zoning codes are non-existent and land are common on social media. Gurus preaching fast and cheap ways to homestead. Here in NY, ME, CA, WA, or OR - pretty much any other coastal state or piece of land within 3 hours from a major metro area, you’re going to find that building anything other than a patio is going to be more complicated than you want it to be. That’s a problem that has cause big problems for our housing supply and the cost of living in these desirable areas - but that’s a conversation for another day. It’s important to keep in mind that these laws were set up for your safety and the safety of others. While overly cumbersome, they are rooted in ideas around benefitting the public.
Navigating Zoning and Building Codes
One of the major problems is that zoning code in small towns and counties is usually vague and underdeveloped. This causes confusion, and while you may think that the lack thereof makes anything allowable, it usually simply means most builds are up to the discretion of the local zoning boards. Generally, every town has its own set of laws around what is permissible. Some have online databases of their laws and maps, while others have very limited information available online and require you to go into town hall to read a copy of a printed book.
To make things even more complicated, zoning and building code does not explicitly state when an engineer or licensed architect is needed - those are usually determined by the state education code, which unfortunately, just kicks most decisions for residential back to the local code enforcement officer through Articles 145 (engineering) and 147 (architecture). Article 147 states:
“In addition to the cost, the basis for meeting the provisions of this section should be the scope and nature of the work involved, and its relationship to structural and public safety. With the intent being clear, the decision to require the seal and signature of a licensee rests with the authority having jurisdiction. While the replacement of an existing door, window, or other opening may involve revisions to existing structural members and the installation of a new door, window or other opening would require new structural members, not all such situations would necessarily warrant the services of a licensee. It would be up to the authority having jurisdiction to consider the structural safety and public safety factors of the particular situation before determining the need for a seal and signature.”
Which means…don’t piss them off!
The Types of Cabins You Can Build
When considering whether or not you’re going to need permits for a cabin, there are generally three types of cabins you could build which fall under different categories.
The first is a single family residence - this is essentially just a new home and almost always needs permits. If it’s under 1500 square feet, you may not need an architect’s stamp, but if you’re building it on a foundation, you’ll at least need the foundation and site plan to be stamped by an engineer. It doesn’t matter if these are built on site, prefabricated or modular.
The second is a category that is referred to as a “detached structure.” These are more of a grey zone, but the defining characteristics are that they are not on a foundation, and they are small in size. The square footage is typically determined by the local code and may range from a max of 195 SF to 400 SF. A good way to think about this is as a glorified shed. They can be prefabricated, or built on site, but can almost never be used as a permanent home.
The third category is technically an RV, and commonly referred to as a “Tiny Home on Wheels” - These are typically built on trailers, and may even be road legal if they’re certified by the RVIA. They are almost always prefabricated unless you build them yourself (in which case it’s not going to be RVIA certified). We’re going to refer to them going forward as “trailer builds” because tiny-house is a stupid term that doesn’t encompass what we build! The cabin itself typically won’t require permits to place on your land, but it’s important to keep in mind there are a lot of other things you may want or need that may.
Additional Permits for Your Cabin
The first of those things is utilities - power, water, and sewage. If you’re running electrical and plumbing, digging or hooking up to a well, or installing or attaching to your septic, you’re always going to need permits for those items. In addition, even something as simple as a deck may require building permits (as our prototype did) depending on it’s size and height. Any mechanical equipment, and wood burning stoves or fire pits may as well. The good news is, your local trades and contractor can likely pull these specific permits easily and cheaply.
Your best bet will always be to speak with the building code enforcer of your local town before you begin construction. It’s a lot cheaper to find these things out before you begin. That said, let’s talk costs.
The Cost To Build Your Cabin
You’ll of course have your hard costs - those are the cost of the cabin, utilities and any other auxiliary construction as well. On top of those, you’re going to have soft costs. These are the cost for plans, permits, surveys etc. - anything that is not a physical good or labor directly related to the construction of the cabin.
Plans can range from free (likely not going to be very beneficial in the construction beyond layout) to thousands of dollars for custom, permit ready construction documents. If you’re building a proper cabin that requires permits and engineering stamps, we’d recommend budgeting in at least $12,000 for a designer and engineer to create the drawings and specifications for permit application. Expect $5-7,000 just for the engineering stamps. This may seem like a lot, but keep in mind they are taking on a lot of liability. For a well designed and custom detached structure or trailer build you may be looking at closer to $5,000, or you may be able to find pre-designed plans for under $1,000. You can check out Offsite’s pre-designed plans here, or we can help you design a custom build.
There will usually be a set of fee’s which are associated with filing for a permit, and these vary drastically from town to town and the complexity of what you need to file for. Often they are attached to the square footage of the build, so don’t expect anything crazy for a small cabin. Make sure to check with your building department for the schedule of fees they will require. It will likely be several hundred dollars, but may be lower or higher.
Finally, you may be required to have surveys done of your land, including soil tests, if you do not already have one. Again, this is very case-by-case and rates vary depending on your market and the size of your property. They can range from several hundred to a couple thousand dollars.
The majority of these fees may be avoided if you’re putting on a detached structure or trailer build, but if you’re building a single-family home, it’s best to expect needing them all.
Tips for Getting Your Cabin Built
First, remember that while this process can be overwhelming and hard to navigate, it’s extremely achievable and people do it all the time! Patience and perseverance are your greatest weapons in getting something built. The good news is, we’re here to help!
It’s also important to keep in mind that building is a community endeavor, whether you want it to be or not. People take their communities, towns and jobs very seriously - and they should! Building cabins almost always adds to the beauty and character of a community, and it also creates work for locals and supports the local community and property values. Most people you come across will always support you building on your property - as long as you go through the proper channels to get it done.
Finally, hiring a local contractor with a good reputation and experience in the town will likely give you a much easier time pulling permits, for the sole reason that the enforcement officer trusts them. (If their reputation is bad, expect a headache - ALWAYS get referrals!!!) So much of the determination for permitting requirements comes down to “is this a safety hazard?” so the building officials are going to trust someone they know to build properly. If you’re building it yourself and they don’t know your skill level, they are more likely to require you to have an engineer sign off on plans.
You’ve got this, we’re here to help. If you want to set up a call to learn more, just give us a shout!
hello@offsite.camp