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Painting permits

Ordinary repainting almost never requires a building permit, but three things can still regulate it: local historic-district or design-review rules, HOA color approval, and — federally — the EPA Renovation, Repair and Painting rule for pre-1978 homes. Permit and design-review rules are set locally, so confirm yours with your city or county building department before work starts.

Painting is usually classed as maintenance, not construction, so most jurisdictions don't require a permit for it. That changes when painting is bundled with work that does need one — siding replacement, window replacement, structural repair — or when your property sits in a historic or design-review district where exterior colors and finishes need approval.

HOAs are a separate layer. They are private agreements, not law, but they can still force you to repaint at your own expense if you use an unapproved color. Get written approval before you buy paint, not after.

The rule that is federal is the EPA's RRP rule. Firms performing renovation, repair and painting that disturbs lead-based paint in homes and child care facilities built before 1978 must be EPA- or state-certified, must use certified renovators, must follow lead-safe work practices, and must keep records. It took full effect on April 22, 2010. Some states run their own authorized programs in place of EPA's.

We can't tell you what your jurisdiction requires and neither can a contractor's word. Call your building department, ask specifically about historic or design review for exterior work, and ask your state's lead program who administers RRP where you live.

How to choose

Ask the building department directly
One phone call. Ask: does exterior repainting require a permit or design review at this address?
Check for a historic overlay
Historic districts are mapped at the city or county level and often control color, sheen and even prep methods on original materials.
Get HOA approval in writing
Verbal approval from a board member is worth nothing when the next board disagrees.
Confirm who administers lead rules in your state
EPA runs RRP in some states; others run their own authorized program with their own certification. Your contractor should know which applies.
Don't let a contractor pull you into skipping review
"Nobody checks" is a bad reason. Enforcement usually arrives as a stop-work order or a demand to redo the work at your cost.
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FAQ

Painting permits — common questions

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In most places, no — repainting is treated as maintenance. But historic districts and some design-review areas do regulate exterior appearance, and rules are local. Confirm with your building department for your specific address.
The RRP rule does not apply to homeowners doing the work in their own pre-1978 home — unless they rent the property out, run a child care facility there, or are renovating it to sell. Lead-safe practices are still strongly advisable for your own health.
There is a minor repair and maintenance exemption for work disturbing six square feet or less of paint per room inside, or 20 square feet or less on the exterior. Window replacement and demolition are covered regardless of size.
Firms cannot legally advertise or perform covered pre-1978 work without firm certification. If yours isn't certified, that is a reason to walk — both for the enforcement risk and for the lead dust in your home.
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