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Amherst, NY Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Amherst Code § 83-5-1
Issuing office
Commissioner of Building
Permit types
Standard building permit or quick permit
Void if unstarted
6 months (2 for demolition)
Completion deadline
2 years from start
Daily penalty
Up to $250/day or 15 days jail

Summary

Amherst Code § 83-5-1 requires a separate building permit or quick permit from the Commissioner of Building before almost any construction, alteration, enlargement or demolition begins in the Town outside the Village of Williamsville, with a short list of exempted minor work.

No person, firm or corporation shall commence the relocation, replacement, demolition, erection, construction, enlargement, alteration, improvement, removal or change of any required means of egress, rearrangement of parts of a structure in a manner that affects egress, the removal from service of all or part of a fire protection system for any period of time, or conversion of any building, structure or parking lot, or cause the same to be done, without first obtaining a separate building permit or quick permit from the Commissioner of Building for each such building, structure or parking lot ... Unless actual construction work is begun within six months of the date of any permit, or in the case of any demolition within two months, then such permit shall expire by limitation, except that the Commissioner of Building may postpone such expiration date not more than six months at his discretion.

Full Breakdown

Section 83-5-1 bars anyone from commencing the relocation, replacement, demolition, erection, construction, enlargement, alteration, improvement or removal of any building, structure or parking lot, or changing a required means of egress, without first obtaining a building permit or quick permit issued by the Commissioner of Building. New construction is deemed to start once excavation or site grading begins. A short list of exempt work needs no permit: playground equipment under 144 square feet, above-ground pools under 24 inches deep, fences not enclosing a pool, certain retaining walls, temporary stage sets, window awnings on one- and two-family homes, low partitions, painting and similar finish work, listed portable appliances, in-kind component replacement, and minor repairs that do not touch load-bearing elements, egress, building systems or fire protection.

Applications go to the Building Department and must include a completed filing form, a dimensioned site plan showing setbacks and yard separations, and construction documents sealed by a licensed New York engineer or architect where required. A permit expires if actual construction is not begun within six months (two months for demolition), though the Commissioner may postpone that expiration up to six months at his discretion. Once work starts, it must finish within two years or the permit lapses, forcing either removal of completed work or a new application under the code then in effect; a follow-up permit issued to finish prior work must be completed within six months of its own issuance. A permit can be revoked or suspended for a false statement, incomplete information, or work that departs from approved plans.

Violations & Fines

Amherst Code § 83-1-5 makes unpermitted construction unlawful and punishable by a fine of not more than $250 per day of violation or imprisonment for up to 15 days, or both, with each day treated as a separate offense. Starting work before a permit issues doubles the fee owed, or adds $50, whichever is greater, on top of any other penalty.

Frequently Asked Questions

What triggers a building permit in the Town of Amherst?
Almost any construction: erecting, enlarging, altering, demolishing or converting a building, structure or parking lot, or work that changes egress or a fire protection system all require a building permit from the Commissioner of Building under Amherst Code § 83-5-1 before work starts.
Is any home project exempt from a building permit?
Yes. Section 83-5-1 exempts items like playground equipment under 144 square feet, above-ground pools under 24 inches deep, non-pool fences, small window awnings, painting and similar finish work, and minor repairs that don't touch load-bearing walls or egress.
How long is an Amherst building permit good for?
It expires if construction has not actually begun within six months of issuance (two months for demolition permits), and work that does begin must be completed within two years or the permit lapses under § 83-5-1.

Sources & Official References

Other rules in Amherst

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