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Hempstead, NY Building Safety: Building Permits (2026)

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

Key Facts

Governing section
Hempstead Code § 86-9A
Permit issuer
Building Inspector, Dept. of Buildings
Work start deadline
90 days after issuance (15 for demolition)
Completion deadline
1 year, extendable to 2 years total
First offense penalty
$500 to $2,500 fine or up to 15 days jail
Jurisdiction
Unincorporated Town of Hempstead only

Summary

In unincorporated Hempstead, no one is permitted to erect, alter, enlarge, demolish, remove or convert a building or structure, or install an elevator or heat-producing appliance beyond an ordinary stove, without first filing an application with the Building Inspector and obtaining a permit under § 86-9A. Only ordinary, non-structural repairs are exempt.

No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition or conversion of any building or structure or part thereof, or change the nature of the occupancy of any building or structure, or cause same to be done, or to install in or in connection with a building or structure an elevator or heating or heat-producing appliance or equipment other than ordinary stoves or ranges, without first filing with the Building Inspector an application for such construction, alteration, moving or demolition, or installation of elevator, heating or heat-producing appliance or equipment other than ordinary stoves or ranges, and obtaining a permit; except that no permit shall be required for the performance of ordinary repairs which are not structural in nature.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

The application under § 86-9B must include a description of the land, the intended use and occupancy, the valuation of the proposed work, the owner's and applicant's names and addresses, and duplicate plans and specifications; § 86-9C additionally requires a duplicate property survey by a licensed land surveyor and a recent tax bill. The Building Inspector can waive plans for minor alterations. Once issued, a building permit authorizes work to begin within 90 days, or within 15 days for demolition permits, under § 86-13A; a project not completed within one year of issuance is deemed abandoned, and a supplementary permit is required for any extension, capped at two years total from the original issuance under § 86-13C.

Extension fees run 25% of the original permit fee, with a $50 floor and $120 ceiling, per § 86-13D. The Building Inspector may revoke a permit for a false statement, an error in issuance, work not matching approved plans, or failure to comply with a stop order under § 86-16. It is unlawful to maintain any building, structure or improvement requiring a permit without one having been duly issued, and this remains true even if the unpermitted work predates the current owner's or tenant's control of the property, per § 86-9A(1)-(2).

Applications must be filed by the owner, lessee or their authorized architect, engineer or builder, and notice of at least 24 hours must be given to the Commissioner of Buildings before work covered by a permit begins, under § 86-13G.

Violations & Fines

Working without a required permit, or maintaining unpermitted construction, violates § 86-9 and is punishable under § 86-25B: a fine of $500 to $2,500 or up to 15 days in jail for a first offense, $1,500 to $5,000 or up to 15 days for a second offense within five years, and $3,000 to $10,000 or up to 15 days for a third offense within five years. Each day the violation continues counts as a separate offense.

Frequently Asked Questions

Do I need a permit for minor home repairs in Hempstead?
No. Section 86-9A exempts ordinary repairs that are not structural in nature. Anything beyond that, including enlarging, altering or demolishing a building, or installing an elevator or a heat-producing appliance other than an ordinary stove or range, requires an application to the Building Inspector and an issued permit before work starts.
What happens if I already own a house with unpermitted work?
It does not matter when the work was done. Section 86-9A(2) makes clear that it is no defense that the building or improvement existed before you acquired the property; the current owner, tenant or person in control remains liable for the violation under Town law.
How long do I have to start and finish work after getting a Hempstead building permit?
Work must begin within 90 days of issuance, or 15 days for demolition permits, under § 86-13A. The project must be completed within one year or it is deemed abandoned; a supplementary permit can extend that up to two years total from the original issuance date, per § 86-13C.
Does the Town permit apply inside the Village of Hempstead?
No. This chapter governs only the unincorporated area of the Town of Hempstead. The incorporated Village of Hempstead is a separate municipal government with its own building code, so residents there follow the Village's own building administration chapter instead of the Town's Chapter 86.

Sources & Official References

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