Building permits for unincorporated Montgomery County are issued by the county's building authority. With 225,900 residents Montgomery County contains Alabama's capital, and that gives it a permitting profile no other Alabama county shares: a substantial share of the construction here is state work, and state work does not go through the local building department at all.
This guide covers the department and how to reach it, the code edition that actually governs a filing here and when it changed, the statutory conditions on permit issuance that sit outside the building code, what permits cost and who may pull them, and how inspections are booked.
This guide covers unincorporated Montgomery County. The City of Montgomery and the county's other municipalities permit separately, and state-owned projects follow the Division of Construction Management.
Establish land ownership before you establish jurisdiction. The Division of Construction Management administers the State Building Code for work on state-owned property or using state funds, for all public and private K–12 schools, for public postsecondary schools, and for hotels, motels and movie theatres. In the capital county that captures a great deal of construction. On municipal and county-owned projects DCM's jurisdiction is limited to ADA Standards. Everything else is local.
What requires a building permit in Montgomery County?
Where the county's adopted building code applies, a permit is required before most construction, alteration, demolition, repair, relocation, change of occupancy and trade work begins.
Permit required
- New residential and commercial construction, additions, conversions and tenant improvements
- Structural and load-bearing alterations, foundations, decks, porches and garages
- Electrical service changes, panel work, new circuits, solar and EV charging equipment
- Plumbing alterations, repipes, water heaters, gas piping and sewer connections
- HVAC installations, change-outs, ductwork and venting
- Re-roofing, siding, windows, pools, signs, demolition and change of occupancy or use
Typically exempt
- Painting, wallpapering, tiling, carpeting and cabinet installation
- Countertop replacement and comparable finish work
- Minor repairs replacing existing materials in kind with no structural or system change
- Small detached accessory structures below the local size threshold, where zoning allows
Exemptions are narrow and local, and an exemption from a building permit is not an exemption from zoning, setbacks, floodplain rules, utility approval or a fire authority review. Confirm scope with the department before work starts rather than after.
Which code edition applies
Montgomery County adopts its construction codes by county commission ordinance under § 34-14A-12(b) for unincorporated territory. The City of Montgomery adopts independently. Because the DCM State Building Code operates alongside these on a different class of buildings, a project team working in the capital may encounter two entirely separate code administrations in the same year — confirm which applies to each building rather than to the site as a whole.
Alabama regulates construction differently from almost every other state, and the difference is not a detail — it decides who reviews your project and whether anyone reviews it at all. There is a State Building Code, but its scope is deliberately narrow. There is a statewide residential code, but for now it is enforced only where a local government chooses to enforce it. And everything else — ordinary private commercial and residential work — is permitted and inspected locally, by whichever city or county has taken that job on.
The State Building Code is administered by the Division of Construction Management (DCM) under the Alabama Building Commission, with its statutory basis in Title 41, Chapter 9, Article 3 of the Code of Alabama. DCM adopted the 2021 International Building Code effective 1 July 2022, and amended it on 17 March 2025 to pull in portions of the 2024 International Building Code and its companion codes. But DCM applies that code only to work on state-owned property or using state funds, to all public and private K–12 schools, to public postsecondary schools, and to hotels, motels and movie theatres. On municipal and county-owned projects DCM’s jurisdiction is limited to ADA Standards compliance. DCM has no jurisdiction over residential property, and none over commercial property beyond hotels, motels and theatres.
So for the overwhelming majority of private construction in Montgomery County, the code that governs you is the one Montgomery County's building authority has adopted, and the office that enforces it is the local one.
The most important date in Alabama construction right now is 1 January 2027. Under Act 2024-443, § 34-14A-12.1 of the Code of Alabama provides that beginning 1 January 2027, a residential home builder who constructs, renovates or repairs a residence or structure in this state shall do so in accordance with the applicable residential building code — either the Alabama Residential Building Code adopted under § 34-14A-12, or the local jurisdiction’s residential building code where one applies.
Read that provision carefully, because its architecture is genuinely unusual. The duty is placed on the licensed residential home builder, not on a building department. It does not require any city or county to start inspecting. It means that from 1 January 2027 an Alabama home builder must build to the applicable residential code even in a jurisdiction where no building department exists to check the work — and the consequence of not doing so runs through the builder’s licence rather than through a stop-work order. No other state in this library enforces a residential code that way.
Act 2024-443 also moved who writes the codes, effective 1 October 2024. Residential building code adoption authority passed from the Alabama Department of Economic and Community Affairs to the Alabama Home Builders Licensure Board, working through a new Alabama Residential Building Code Advisory Council within an Alabama Residential Building Code Division. Commercial energy code authority passed to the Alabama Licensing Board for General Contractors, through an Alabama Commercial Energy Code Advisory Committee. Both code-writing bodies are now licensing boards — in Alabama, the board that licenses your builder also writes the code your builder must follow.
The Alabama Residential Building Code is defined at § 34-14A-2 as a code based on a published edition of the International Residential Code together with the residential chapters of a published edition of the International Energy Conservation Code. Confirm the edition the Board has actually adopted, and the transition arrangements, before you design against it — this is a live process with a fixed deadline, not a settled position.
Who handles permitting in Montgomery County?
The county permits unincorporated territory. The City of Montgomery permits its own limits, the county code does not reach inside a municipal police jurisdiction, and DCM administers the State Building Code over its own defined categories regardless of where they sit.
| Detail | Information |
|---|---|
| Authority | Montgomery County building authority |
| Seat | Montgomery, Alabama |
| Jurisdiction | Unincorporated Montgomery County only |
| Statutory basis | § 34-14A-12(b), county commission ordinance |
| Key limit | County building code does not apply within a municipal police jurisdiction |
| State projects | Division of Construction Management, Title 41, Chapter 9, Article 3 |
| DCM categories | State property or funds, K–12 and public postsecondary schools, hotels, motels, movie theatres |
| From 1 January 2027 | Statewide residential code duty on the builder under Act 2024-443 |
The county's unincorporated territory is largely rural and agricultural, wrapping the capital and its suburbs. That gives the county department a caseload weighted toward rural residential, agricultural and highway corridor commercial work, while the dense development sits inside the city.
State construction is the structural distinctive. Capitol complex buildings, state agency offices, courts and state facilities are concentrated here, and they run through DCM rather than any local counter. A local fee schedule does not govern that work and the local department is not the reviewing authority — but local zoning and land-use requirements can still apply, which is a distinction worth getting right early.
County authority here is statutory and bounded. § 34-14A-12(b) empowers county commissions to adopt building laws and codes by ordinance applying in the unincorporated areas of the county — and then adds a limit that catches people constantly: a county’s building laws and codes do not apply within any municipal police jurisdiction.
Two further provisions matter. § 34-14A-12(c) lets a county commission condemn dangerous buildings using the municipal procedures at §§ 11-53A-20 to 11-53A-26. And § 34-14A-12(d) expressly authorises county commissions, municipalities and other public entities to enter mutual agreements, compacts and contracts for administering and enforcing their respective building codes — so in some parts of Alabama the office that inspects your job is working under an agreement with the authority that issued the permit.
In Alabama, “is there a code?” and “will anyone enforce it?” are two different questions. Adoption happens at state level; enforcement happens only where a local government has built the capacity for it. Cities of any size run full building departments with plan review, permitting and inspection. Many rural counties run none at all, and some have expressly declined to adopt building codes for their unincorporated areas. Where no local authority having jurisdiction exists, code enforcement defaults to the State Fire Marshal — a materially different process from a local permit counter, and one worth confirming directly if your parcel falls in that gap.
Permit types
Residential permits
Residential work in unincorporated Montgomery County is predominantly rural and large-lot, with private water and onsite sewage common outside served areas. Those approvals, with access and address assignment, frequently determine feasibility ahead of the building code. The 1 January 2027 residential code duty is significant in rural territory precisely because enforcement infrastructure is thinner there — the obligation will follow the builder regardless.
Sealed plans, flood and storm requirements
Commercial and multi-family plans must be sealed by an Alabama-licensed design professional where the project falls within the thresholds and occupancy categories that trigger it. Those triggers are set by state licensing law and by local requirements, and jurisdictions apply them at different points, so confirm the sealing requirement for your specific building area, occupancy and scope before drawings are finalised rather than discovering it at intake.
Flood, wind and storm-resilient construction
Alabama sits at the intersection of two serious natural hazard exposures, and both show up in the permit file rather than only in the design. On flood, a parcel inside a FEMA Special Flood Hazard Area generally requires a floodplain development approval before a building permit can be issued — several Alabama jurisdictions administer this as a separate Flood Development Permit with its own application, and it is a prerequisite rather than a parallel step. Establish the flood zone from the effective map for the parcel at the start of the project.
On wind and storm, Alabama has both a Gulf hurricane exposure in the south and one of the most active tornado climates in the country through its centre and north. Jurisdictions that have been through a major event tend to regulate accordingly — storm shelter design to ICC-500 appears in Alabama permitting far more often than in most states, and coastal wind design provisions drive connection, cladding and opening protection detailing. Neither is a formality that can be resolved during plan review.
Alabama prohibits mandatory residential fire sprinklers
§ 34-14A-12.2 provides that a county governing body may not adopt or amend a building code, ordinance, resolution or rule that would restrict a consumer’s ability to elect to install — by the consumer’s own choice and for a fee — or that would require the installation of a residential fire sprinkler system. A narrow grandfather clause preserves measures adopted on or before 9 March 2010.
That is a firmer position than most states take. Elsewhere the model residential code’s sprinkler provision is variously amended out, left to local option, or made available to local government subject to procedural hurdles. Alabama removes the option from county government altogether and protects the consumer’s own election either way. The practical consequence for a builder is simple: sprinklers may be offered, specified and installed by choice, but a county cannot compel them, so a design assumption imported from another state will be wrong here.
Commercial permits
Commercial development in the unincorporated county centres on highway corridor retail and service, agricultural support and light industrial activity. Institutional and state-related construction concentrates in the city and follows the DCM path. Larger private projects bring grading, drainage, access, utility and fire review alongside the building set.
How licensing interacts with permitting
The dollar thresholds above are licensing thresholds, not permit thresholds. A project below a licensing figure still needs a permit wherever the local jurisdiction requires one, and a project above it still needs the right licence even in a jurisdiction that issues no permits at all. The two systems run independently, and after 1 January 2027 the licensing system carries a code obligation of its own.
Montgomery County permit costs and fees
Montgomery County fees are set by the county's adopted schedule and are generally valuation-driven, with plan review, trade and site components charged separately. The City of Montgomery maintains a separate schedule, and state projects under DCM do not follow a local schedule at all.
| Fee component | How it works |
|---|---|
| Residential building permit | Valuation-based against the adopted county fee schedule |
| Commercial building permit | Valuation-based, varying by scope, occupancy and floor area |
| Plan review | Calculated per the adopted fee schedule; multiple departments may review |
| Trade permits | Electrical, plumbing and mechanical permits are charged separately |
| Floodplain and site | Flood development, grading, drainage and right-of-way reviews where applicable |
| Re-inspections and revisions | Additional fees apply for failed inspections, revisions and expired permits |
Fee schedules in Alabama are set by the adopting jurisdiction and revised on its own cycle, so a figure quoted from a neighbouring city, an older packet or a national estimator is not a reliable number here. Ask the department for the schedule in force on your filing date, and ask separately about plan review, trade, and any re-inspection or revision charges, which are frequently billed as distinct lines.
Need a real number for a specific Montgomery County project? Send us the scope, address and valuation and we will identify the filing path, the reviews it will trigger and the fee categories that will apply.
Trade permits and who may pull them
Trade permits are generally separate from the building permit and are issued to the licensed installer. Alabama licenses contractors at state level, but across five separate boards rather than one, and the board depends on the trade and the value of the work. A local business licence and registration with the building department are commonly required on top of the state licence before a permit will issue.
Alabama splits contractor oversight across five separate state boards — more than any other state in this library. Getting the right one is not optional: the permit will not issue to a contractor who is not licensed by the board that covers the work.
- Alabama Licensing Board for General Contractors (LBGC) — commercial and public work, generally projects of $50,000 or more, and swimming pools of $5,000 or more. Since 1 October 2024 the LBGC also holds adoption authority for the commercial energy code.
- Alabama Home Builders Licensure Board (HBLB) — residential builders for work over $10,000, and, unusually, roofers as well. The HBLB now also adopts the residential building code. Unlicensed residential home building is a Class A misdemeanour.
- Alabama Electrical Contractors Board — electrical work.
- Alabama Plumbers and Gas Fitters Examining Board — plumbing and gas fitting.
- Alabama Board of Heating, Air Conditioning and Refrigeration Contractors (HACR) — mechanical work.
The three trade boards license by trade regardless of project value, so there is no dollar threshold to fall under on electrical, plumbing, gas or mechanical scope. Board rules also require the licence number to appear in contractor advertising, which makes verification straightforward before you contract rather than after. Local business licensing and registration with the building department are commonly required on top of the state licence.
Permit required
- Electrical service installations, panel upgrades, new circuits, solar PV and EV chargers
- New plumbing, repipes, water heater change-outs, backflow, gas and sewer connections
- HVAC installation and change-out, ductwork, venting and commercial kitchen exhaust
- Fire alarm, sprinkler and suppression systems on commercial work
Typically exempt
- Replacing a fixture, switch, receptacle or light with no alteration to wiring or piping
- Clearing a stoppage without replacing or rearranging concealed piping
- Filter, thermostat and routine component service
- Appliance repair that does not alter the gas, electrical or venting connection
How to apply for a Montgomery County building permit
State property, schools, hotels, motels and theatres follow DCM rather than the local counter.
The city permits its own limits and police jurisdictions extend beyond them.
A project outside local building jurisdiction may still face local land-use requirements.
These determine feasibility on rural parcels.
Five Alabama boards split oversight by trade and project value.
From 1 January 2027 the residential code duty attaches to the builder statewide.
Denials, corrections and appeals
Corrections, denials and what to expect on review
Because enforcement in Alabama is local, the procedural rules around review, correction, appeal and permit expiry come from the adopting jurisdiction’s own ordinance and the administrative chapter of the code it has adopted — not from a statewide administrative code. That is a real practical difference from states with a single unified code: two Alabama jurisdictions can enforce identical technical provisions and still differ on how long a permit lasts, what revives an expired one, how a correction cycle is counted and where an appeal goes.
Ask the department three questions before you file: which code editions and local amendments govern a permit issued on your filing date, how long the permit remains valid and what constitutes the activity needed to keep it alive, and what the appeal route is if plans are rejected. Those three answers are jurisdiction-specific in Alabama and they are cheap to obtain in advance.
What if the jurisdiction has no building department?
In parts of Alabama this is a real question rather than a hypothetical, and the honest answer has three parts. First, a county or municipality that has not adopted building codes issues no building permit, so there is nothing to apply for — but zoning, subdivision, floodplain, health department and utility requirements can still apply, and they are administered separately. Second, where no local authority having jurisdiction exists, code enforcement defaults to the State Fire Marshal, which is a materially different process from a local permit counter and worth confirming directly rather than assuming.
Third, and increasingly the most important: an absence of local enforcement is not an absence of obligation. From 1 January 2027 the residential code duty under Act 2024-443 attaches to the licensed home builder wherever the work is done. A builder who treats an unenforced area as an unregulated one is taking a licensing risk, and an owner in that position has no permit record and no inspection history to rely on at resale, refinancing or insurance. Where no local inspection exists, third-party inspection and documented compliance are worth commissioning voluntarily.
Inspections in Montgomery County
Standard checkpoints include footing and foundation, framing, rough-in electrical, plumbing and mechanical, insulation, and final, with a certificate of occupancy before legal occupancy. Rural parcels add onsite sewage verification, and commercial work adds fire system acceptance.
Where a project falls under the State Building Code rather than the county's, the inspection regime is DCM's rather than the local department's. Do not assume the two are interchangeable, and do not assume a local final inspection closes out a state-administered project.
Do not cover work before the required inspection has been approved. Keep the issued permit, the approved plans, energy documentation, product listings, special-inspection reports and your correction responses available on site.
Montgomery County permit search and official resources
Permit records sit with the authority that issued them, which in Alabama makes record research a jurisdictional question before it is a clerical one. A search of the wrong office returns nothing and proves nothing — and in parts of the state a property may genuinely have no permit history because no permit was ever required. If you are buying, refinancing or renovating an existing building, ask Montgomery County's building authority what it holds for the parcel, whether any permit was closed without a final inspection, and whether the property was inside the enforcing jurisdiction at the time the work was done.
That last question matters more in Alabama than elsewhere. Annexation, changing police jurisdiction boundaries and counties adopting codes at different times all mean that the authority over a parcel today is not necessarily the authority that governed it when a previous addition or alteration was built.
Verify the code edition against the jurisdiction and the date — and, in Alabama right now, against the 2027 transition. Local adoption cycles differ, local amendments differ, and the statewide residential obligation under Act 2024-443 begins on 1 January 2027. A project designed in one code year, permitted in another and completed after the transition can touch all three positions. One conversation with the department, tied to your specific filing date, settles it.
These are the primary sources behind this guide. Codes, fee schedules and portal procedures change, and in Alabama a jurisdiction’s own published packet can lag an adoption by months — the adopted ordinance governs, not an un-updated handout. Confirm the position for your filing date.
- Montgomery County, Alabama
- Alabama Home Builders Licensure Board
- Alabama Licensing Board for General Contractors
- Alabama State Building Code (Division of Construction Management)
- Code of Alabama Title 34, Chapter 14A
Frequently asked questions
Who permits state government buildings in Montgomery?
The Division of Construction Management administers the State Building Code for work on state-owned property or using state funds, and for public and private K-12 and public postsecondary schools. It is not a local building permit.
Are hotels and movie theatres really state-administered?
DCM's State Building Code jurisdiction expressly reaches hotels, motels and movie theatres alongside state property and schools, even though these are privately owned. Confirm the path for the specific occupancy before filing locally.
Does the county permit inside the City of Montgomery?
No. The city permits its own limits. The county covers unincorporated territory, and its building code does not apply inside a municipal police jurisdiction.
If DCM reviews my project, does local zoning still apply?
Local land-use and zoning requirements can still apply even where building code administration sits with the state. Treat them as separate questions and confirm both.
What do rural parcels need beyond the building permit?
Private water, onsite sewage, access and address assignment, typically with health department involvement. These frequently determine what is buildable.
What changes on 1 January 2027?
Under Act 2024-443 a residential home builder must build in accordance with the applicable residential building code from that date. The duty attaches to the builder's licence rather than to a local building department, so it applies even where no inspector will attend.
Simplify Montgomery County permitting with Alliance Permitting
Montgomery County is the one Alabama county where the first question is not which local authority issues, but whether a local authority issues at all. State property, schools and certain private occupancies run through a separate state administration, and mistaking the path costs a full cycle.
Trusted by leading builders, developers, and national contractors — 22 years of filing in the jurisdictions we write about.
Contractors and builders choose Alliance for Montgomery County because the work is done by people who have stood at the counter:
- We establish land ownership and building category before choosing a filing path.
- We separate the state code administration from local zoning, which can still apply.
- We confirm county versus city and police jurisdiction on private work.
- We front-load rural water, septic, access and address work.
- We route licensing to the correct one of Alabama's five contractor boards.
Alliance Permitting is a permit documentation and submission company in Alabama. We prepare your paperwork, file it correctly and coordinate with the building department through issuance. We are not a contractor and we do not perform licensed plan review or inspections; that work stays with your licensed team and the jurisdiction.
Ready to break ground in Montgomery County sooner?
Let Alliance prepare, file, and track your Montgomery County permits while your crew stays on the job.
More Alabama permitting guides
This guide is provided by Alliance Permitting for general information about Montgomery County permitting. Requirements, fees, and procedures change; confirm details with the permitting authority before relying on them.