Interpretation #9498
Published February 20, 2026
Original Request
- Code Version
- 2023
- Code
- BUILDING
- Code Description
- Chapter
- 1
- Section
- 105.5
- Topic
- Expired Permits
Question
According to FBC 105.5 section 3, it states expired permits that have been substantially completed can be closed out without obtaining a new building permit. If the foundation, structural walls and roof system have been installed, would that be considered substantially completed?
Answer Published 02/18/2026 at 12:12 PM
This will depend on the interpretation of "substantially complete" as it applies in this case. Although this term leaves the decision up to the Building Official, the American Institute of Architects A 201 document and the Engineers Contract Documents Committee C-700 both define substantially complete as being sufficiently complete in accordance with the contract documents so that the owner can occupy and/or utilize the work for its intended purpose. A new permit is required per 105.4.1.1 for the completion of the work, however, the project is not required to meet new codes unless it has been over 180 days from the date it became null and void per 105.4.1.2
Commentary
There may be other factors as well, such as framing, electrical, mechanical, plumbing and other requirements of the governing codes that need to be considered.