Boston, MA Building Safety: Building Permits (2026)
Key Facts
- Permit required for
- any residential building roof deck use
- Application filed with
- Inspectional Services Department
- Compliance re-check
- at least once every 5 years
- First offense fine
- $300
- Subsequent offense fine
- $500
- Compliance window after violation
- 30 days
Summary
Boston requires a building permit before any roof deck on a residential structure can be used, backed by a structural and safety evaluation from a licensed architect or engineer. The Inspectional Services Department must reconfirm compliance by inspection at least once every five years, and unpermitted roof decks cannot legally be occupied.
Roof deck permits shall be obtained by an owner by submitting a building permit application to the Inspectional Services Department. The application shall contain any and all required plans, including, but not limited to, a land survey, framing plans and a report of a structural and safety evaluation performed and prepared by an architect or structural engineer registered/certified in the commonwealth... The Inspectional Services Department shall have the discretion to establish the procedure by which compliance is determined... provided that their policies are reasonably calculated to ensure that every included structure in the city is inspected for compliance at least once every five years.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).
Full Breakdown
13 (Regulating Access to Roof Areas of Buildings with Residential Units) requires an owner to obtain a roof deck permit by submitting a building permit application to the Inspectional Services Department (ISD) that includes a land survey, framing plans, and a structural and safety evaluation prepared by an architect or structural engineer registered in the commonwealth, addressing structural capacity, handrails, guardrails, lighting and egress under the state Building Code and ISD regulations. No permit is needed only where the roof is flat with no built structure and the owner has locked the access point or installed a door alarm.
13(C)(5)). No person may occupy, sit, stand or assemble on an unpermitted roof deck; Boston Police or an ISD inspector may order it vacated. On a credible complaint, ISD has three business days to check permit status. If unpermitted and noncompliant, a Building Inspector issues a code violation ordering the owner to get a permit or secure the access point within 30 days, after which ISD may file in Housing Court; a second credible complaint triggers simultaneous compliance order and violation. The Section, adopted by Ord. 2007 c. 12, took effect 90 days after passage.
Violations & Fines
Each violation of § 9-9.13 or its regulations is punishable by a $300 fine for the first offense and $500 for each subsequent offense, with no presumption of owner negligence created by a violation (§ 9-9.13(E)). A property with no roof deck permit that isn't otherwise brought into compliance (locking device or door alarm) within 30 days of a violation order can be referred by the ISD Commissioner to Housing Court in addition to the fines.
Frequently Asked Questions
Do I need a permit for every flat roof in Boston?
What must the permit application include?
Can police shut down an unpermitted roof deck party?
What happens after a second complaint about the same roof deck?
Sources & Official References
Other rules in Boston
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Building Permits in Nearby Cities
How other cities in this county handle building permits.