What happens if you build without a permit in Michigan?

It might be easier to answer, "When do you not need a building permit?"

We posed this question to the Emmet County Building department, and found that there are exemptions to when you need a permit.

The Michigan Residential Code helps spell out when people are required to have a building permit or other kind of permit for work regarding their home.

Martin Van Berlo, a building inspection official for Emmet County, said it's easier to cover the exemptions to the building code, rather than list the times a building permit would be required for a residence.

"If you're going to construct something new or take something out of the building, or change windows or siding materials, or change the usage of the building, those are a lot of examples you need to have a permit. Move buildings, demotilitions, tall fences, swimming pools. What else can I list? It's just easier to say what doesn't require a permit," Van Berlo said.

For a building permit, there are 10 exemptions that are listed in the Michigan Residential Code. One floor detached structures that are less than 200 square feet like a shed in the back yard, a fence that's seven feet tall or shorter, a retaining wall that's four feet tall or less are pretty common exemptions, along with finishing work within a building, like painting, wallpaper, tiling, and carpeting.

A sidewalk and driveway that's no more than 30 inches above grade doesn't require a permit. Window awnings also are exempt from a permit if they don't extend farther than 54 inches from the outside wall and don't require an additional support. Van Berlo said it's not very common for the county's building code to see requests for awnings, since they're not as common or in fashion for architecture on residential houses.

Swings and playground equipment for a home, along with above ground prefabricated outdoor pools that hold 5,000 gallons or less and only 24 inches deep also don't require a permit.

Another exemption involves water tanks in a house, so long as the tank is located on grade — known as on the ground — and only holds up to 5,000 gallons and the height to diameter is not greater than two to one. But Van Berlo also said he doesn't recall seeing a water tank in a residence that's ever been larger than those specifications.

Then there's the requirements for a deck outside. If a deck is within 36 inches of a dwelling or accessory structure, or exceeds 200 square feet, or is over 30 inches above grade at any point, it would be required to have a permit.

So if you have a patio or deck that's not attached to your house, maybe for grilling or to be off the ground, then you don't need a permit.

Van Berlo said the reason for that restriction is a number of people built patios and decks next to their home to help provide a step to the door, but were often not up to code. They may require a railing or not be a low enough height in the step to be safe.

"We were seeing people build a deck to the house, and the step up was around 10 inches, when code requires 7 3/4 inches. There were steps that didn't have hand rails, and guard rails. It's to provide safe construction for people to help prevent falls or injury," he said.

Then there's also electrical, mechanical and plumbing permits, which have their own exemptions.

For electrical repairs and maintenance that don't require building out a new circuit or additional equipment, and using testing equipment to check for problems in an electrical system, a permit is not required. If there are more extreme repairs, Van Berlo said it's possible that a permit would be needed. But fixes like replacing a dead light switch or minor fixes permits aren't required.

The third exemption involves radio and television towers. While a permit for any power source to a tower may be required, amateur radio operators or television antenna towers and other equipment on a tower are exempt from a permit.

Then there's mechanical permits, which involve heating, cooling, fire suppressions, refrigeration, and ventilation. The state building code provides about 12 exemptions. Seven of them involve different forms of temporary heating and cooling devices that can go into a window or walls of a residence, Van Berlo said.

The other exemptions involve self-contained refrigeration systems that contain 10 pounds or less of refrigerants, or actuated by motors of a single horsepower or less, an oil burner that doesn't require being connected to a flue, a portable gas burner that has inputs of less than 30,000 BTUs an hour, and if you move a gas meter or regulator so long as you only have to use about 10 feet of gas piping and no more than six fittings to move the fuel device.

The final exemption involves installing geothermal vertical closed loops. Van Berlo said the requirements to not need a permit for geothermal equipment can be complicated, and suggests that it might be best to ask a building code inspector at your local building and planning office.

When a question arrises, he adds that it's important to ask your local building code on whether a permit is required, and how much it might cost. There's a lot of factors to consider on costs, and permits are designed to help make sure construction is safely completed.

"If you think you need a permit, check with us. Not your neighbor or your boss. Check with us. We'll let you know if you need one or not," Van Berlo said.

Have questions about a building permit?

Contact the Emmet County Planning, Zoning and Building Department at (231) 348-1735 or email .

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