Your Guide to Construction, Renovation, and Zoning Laws in Massachusetts

Massachusetts has over 3 million properties, each subject to dozens of regulations. Most people never stop to think about the rules governing their property, but this information could help you make better decisions when buying, investing, building, or renovating.

There are two general types of property-related laws: state-level and local. They vary quite a bit. We have broken down this page into sections with topics of interest and specific rules you can learn about under each heading. These laws affect you whether or not you are aware of them.

Massachusetts has designed many property-related laws to ensure compliance with building codes, public safety, and specific industry activities. These laws are divided into categories of construction, renovations, environmental laws, solar regulation, gas/oil rules, and electricity governance. Many different agencies govern specific laws regarding property and related topics.

Massachusetts building codes are strict rules about building new construction, demolition, and renovations. The Board of Building Regulations and Standards (BBRS) is the government body that issues and enforces state building codes. They work in tandem with local county/city building inspectors and building commissioners to ensure that all laws are respected and complied with. As an added responsibility, the BBRS also monitors and certifies certain building officials (building inspectors, etc.) and related professionals.

The state building code is derived from the International Building Code (IBC), and the Board of Building Regulations and Standards updates it regularly. They also modified it to comply with state-level regulations.

Local building inspectors and building commissioners enforce state building codes within their jurisdiction by reviewing new construction and renovation plans, issuing building permits, conducting inspections, and sanctioning violators.

The Office of Public Safety and Inspections (OPSI) is a sister agency that oversees building construction, renovation, and alteration. Guided by the Massachusetts Building Code 780 CMR, this organization promotes the safety, design, construction, installation, inspection, operation, and repair of elevators, buildings, amusement parks, and tramway devices. This office also ensures that persons with physical disabilities have safe ingress and egress to all new and existing structures within the state. They enforce this through inspections, licensing, compliance, and writing regulations. Additionally, the OPSI offers extensive continuing education programs for licensees. The Massachusetts Department of Public Safety operates under the Office of Public Safety and Inspections.

Massachusetts State Building Code (780 CMR)

The Massachusetts State Building Code (780 CMR) is the driving force behind all building-related laws, rules, and specifications within the state. The Board of Building Regulations and Standards based it on the International Building Code and modified it to suit the state's governing goals. The BBRS updates it regularly as things change and new technologies become available. The Massachusetts State Building Code (MSBC) is split into two sections; the first is "Residential", which covers all single and two-family structures, including townhouses and duplexes. These buildings must be three stories or less to fall into this category. The second section is the "Base" volume, covering all structures outside the Residential criteria. The Base volume oversees all commercial buildings and construction.

Although different parts of the Massachusetts State Building Code pertain to residential and commercial structures, the Board of Building Regulations and Standards and the Office of Public Safety and Inspections enforce all the laws on these properties.

Construction Regulations in Massachusetts

Typically, suburban and rural areas like Western Massachusetts and North Shore communities are easier to build in, and costs are lower. However, some municipalities have strict zoning laws that can hinder new construction projects. Some specific areas in Massachusetts where rules are a bit more lax and building is easier are:

• Georgetown, MA
• Newton, MA
• Concord, MA
• Salem, MA
• Ipswich, MA
• Barnstable County
• The Berkshires

Local zoning regulations, project complexity, and material and labor costs will be the deciding factors making places in Massachusetts easier or harder to build. Some of the laws governing construction in Massachusetts include:

Safety Standards

The Massachusetts State Building Code includes specific sections regarding safety. For example, section R302 dictates that contractors must use fire-resistance materials on exterior walls and interior separation walls and place accessory dwellings far away to avoid fire hazards. Design-wise, all buildings must be structurally sound to support all loads, including snow and floods. Section R306 of the sanitation area requires that all dwellings have a toilet, tub, shower, and a working sewage system. Additionally, any dwelling meant for human habitation must have access to potable water and a working plumbing system.

According to Section R314, all new construction buildings must have smoke alarms that comply with NFPA 72 and Section R314. One smoke alarm is required in each sleeping room, and one outside each sleeping area, one in the attic, one in the basement, and near cooking appliances.

Additionally, carbon monoxide detectors must be installed and comply with UL 2034. According to Section R315, CM detectors must be placed in new construction dwellings with a fuel-fired appliance and/or that have an attached garage and an opening that connects the home with the garage.

Asbestos Laws

Asbestos can cause cancer and other illnesses, and strict laws govern its use in building construction. Although Massachusetts does not prevent contractors from using materials that contain asbestos, they must maintain them so that no asbestos fibers are released into the air. This is allowed as long as the use of those materials doesn't pose a health risk. However, if demolition activity will disturb any asbestos materials, the contractor must notify the Massachusetts Department of Environmental Protection, which regulates this in 310 CMR 7.15 rules.

Land Use Laws

Massachusetts law MGL c.40A allows cities and towns to regulate land use, zoning, and buildings. The only exceptions are exempt properties and temporary manufactured homes. As of February 2025, accessory dwelling units (ADUs) under 900 square feet are allowed without a permit.

Contractor Licensing Laws

The Massachusetts State Board of Building Regulations and Standards licenses and regulates general and home improvement contractors (HICs). The Office of Public Safety and Inspections (OPSI) issues contractor licenses for specific projects. When a general contractor works on a residential home, they must register with the Office of Consumer Affairs and Business Regulation as a home improvement contractor.

Insurance & Bonds

General contractors in Massachusetts must carry $1 million (per occurrence) of general commercial liability insurance and $2 million aggregate. They must also carry workers' compensation insurance for paid laborers and commercial auto insurance if they use vehicles. Some also opt for personal liability coverage to protect themselves against lawsuits.

For projects worth $20,00 or more, out-of-state contractors and subcontractors working in Massachusetts must post a bond (contractor's license bond). The bond guarantees that the contractor will comply with all state regulations while fulfilling their contractual obligations. The bond equals 6.25% of the total contract price and must remain in effect for six months after completing the project. Some municipalities in Massachusetts also have their own bonding regulations for contractors who work within their jurisdictions.

Public Works Contracts/Public Bidding

Massachusetts is constantly improving its infrastructure, meaning new projects are always on the horizon. The state takes bids on these projects and hires the contracting firm that best meets the project's needs and budget. An example might be building a bridge or a park. The process for bidding on public works is as follows:

• Find potential projects and review the bid documents.
• Visit the site and formulate an estimate that factors in material costs and labor.
• Prepare the bid according to the bid documents.
• Submit the bid and wait.
• Your bid will be reviewed with all others, and if you are selected, you will be awarded the contract.
• Sign the contract and begin work.

The public works bidding process follows Massachusetts General Laws, which ensures complete transparency and fairness. The Massachusetts Attorney General's Office (AGO)oversees all public works projects, particularly enforcing rules regarding the bidding process and prevailing wage laws. The AGO's office also investigates and enforces any violation of fairness with bids and contracts. A few of the rules that pertain to public works and bids include:

• Chapter 30: Chapter 30 is a Massachusetts law regulating contracts for construction and materials. It governs the procedures for awarding contracts to the correct bidder and contains rules about handling bid disputes.
• Chapter 149: Chapter 149 is a broader statute governing labor laws, wages, working conditions, safety, and discrimination. Public works projects are subject to Chapter 149 rules. It also includes regulations about competitive bidding on public works projects.
• Prevailing Wage Law: Massachusetts' prevailing wage law ensures that workers on public works projects are paid the proper minimum wage and that the tax dollars earmarked for the project go to paying the workers.
• Design-Build Delivery Method: Massachusetts's Design-Build Delivery Method law provides an alternative delivery method for public works projects over $5 million. It allows a single entity or firm to handle both the design and construction portions of the project. Most projects use the Design-Bid-Build (DBB) method, where the design and construction are split into two phases handled by different companies.

The state sets the standards for building renovations (both commercial and residential), and then local municipalities administer and enforce the laws. The following entities are heavily involved in regulating and enforcing renovations:

State Level

Local Level

Laws

Some construction renovation laws in Massachusetts to familiarize yourself with include the following:

The Massachusetts Environmental Policy Act (MEPA) is a state law that requires a review before specific construction projects to evaluate their environmental impact before a permit is issued. The process includes a public study and disclosure to permitting agencies and the general public. It also includes the development of mitigation measures, if needed. MEPA's goal is to protect the environment from the harmful effects of construction. MEPA is an office under the Executive Office of Energy and Environmental Affairs (EEA). MEPA regulations (301 CMR 11.00) dictate safe thresholds and the types of projects that could cause problems. MEPA does not make the decision about whether the project gets a permit; it simply informs the permitting agency about the environmental impact, and they make the decision. MEPA has a database of all previous projects and decisions. To learn more about Massachusetts environmental laws, review this publication.

Clean Air Act

Massachusetts Clean Air Act (Chapter 111, Sections 142A-142) falls under the direction of the Department of Environmental Protection and is a set of regulations that prevent pollution or contamination in the atmosphere. Violating these laws is subject to a $25,000 (per offense) fine or imprisonment for a year. In some cases, violators will get both. Each day the violation continues, it is counted as an additional offense.

Clean Water Act (CWA)

The Massachusetts Clean Water Act prevents construction projects from discharging pollutants into the water supply or contaminating groundwater. Construction crews may be required to get a permit from the National Pollutant Discharge Elimination System (NPDES) to discharge wastewater.

Massachusetts construction is also subject to additional environmental laws, such as:

• Air Pollution Control Regulations (310 CMR 7.00). These regulations control emission limits and pollution control standards in construction. The Massachusetts Department of Environmental Protection (MassDEP) implements these rules.
• State Environmental Code, Title 5 (310 CMR 15.000). This code protects public health, safety, and the environment by regulating on-site sewage disposal systems, including their location, construction, upgrade, and maintenance.

Other environmental laws that pertain to property deal with conservation restrictions, such as building on the coast, brownfields, drinking water, farmland, historical properties, nuisances, and flood areas.

Massachusetts is very proactive with solar energy and has many regulations to promote the use of solar versus other types of power-generating systems. The state has two programs, the Renewable Energy Portfolio Standard (RPS) and the Solar Massachusetts Renewable Target (SMART) program, to help promote solar energy development.

Massachusetts has gas and oil regulations geared towards safety, environmental protection, and fuel quality. They focus on releasing hazardous materials, fuel gas codes, and utility shut-offs during winter for low-income families who rely on it for heat.

Chapter 21E specifies how oil and hazardous materials must be prevented from leaking and deals with the clean-up of spills or accidents.

Massachusetts is trying to move towards a fossil-free state, especially in new construction, to satisfy the state's clean energy and climate goals. Brookline, Cambridge, and Lexington have already implemented fossil-fuel bans for new construction and big renovations. The Massachusetts Department of Energy Resources (DOER) is implementing a Municipal Fossil Fuel Free Building Demonstration Program, allowing ten communities to implement fossil fuel-free building codes. Not only are they trying to cut down on harmful emissions, but they are also making these systems more energy efficient.

The Fuel Gas Code (248 CMR 4.00) dictates guidelines for installing new piping systems, fuel gas equipment, and related accessories.

The 527 CMR (Massachusetts Comprehensive Fire Safety Code) is a law aimed at protecting life, property, and the public from fire and explosions. This code deals with many aspects of new construction, building, and renovations, and specifies clear directives regarding gas and oil systems and equipment.

The Massachusetts Electrical Code is heavily based on the NFPA 70 National Electrical Code, with modifications to suit the state. The Board of Fire Prevention Regulations has a say over Mass electricity laws and votes to approve or deny amendments. These laws are designed to ensure that all electrical components within buildings are safe, do not start fires, and comply with building codes and standards. Some examples of Massachusetts electrical codes are:

Some government housing programs include:

Property Tax Credits and Incentives

Some investors and builders base their asset acquisition on the possibility of tax credits and income production. Massachusetts offers some tax programs that make investing in property more lucrative. Some of the tax breaks available include:

Massachusetts Historic Rehabilitation Credit

The program offers property owners of income-producing properties a tax credit worth 20% of the cost of certified rehabilitation expenses. The property must be listed in the National Register of Historic Places (or eligible to be listed there), and the rehabilitation must comply with the Secretary of the Interior's Standards for Rehabilitation. There is an annual cap on available funds, and projects that provide the most public benefit will receive the credit.

Low-Income Housing Tax Credit

The Low-Income Housing Tax Credit Program (LIHTC) is a federal program that offers developers incentives to build new low-income housing or rehabilitate existing low-income housing. Although it is a federal program, the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) allocates the tax credits. It works by offering the developer the opportunity to raise capital for the construction, acquisition, or rehabilitation of housing for low-income families.

Solar Energy Incentives

Both the federal government and Massachusetts offer incentives for implementing solar energy solutions. Some are rebates, and others provide financing to install new equipment. Mass Save is one agency that offers rebates and financing for solar-energy home improvements such as air source heat pumps, insulation, and energy-efficient windows. Massachusetts residents can also claim a federal tax credit of 30% of the cost of solar panel installation on primary and secondary residences. The Massachusetts Residential Renewable Energy Income Tax Credit offers residents a 15% state income tax credit when installing a new system, up to a maximum of $1,000. Massachusetts also exempts sales tax on solar systems. Solar systems are also exempt from property taxes for 20 years.

Affordable Housing Regulations

Massachusetts General Law (Chapter 40B) dictates that a certain percentage of residential developments must be affordable housing. This may mean the developer can only price them at below-market rates. Affordability is determined by the Area Median Income (AMI). Developers may receive incentives to provide affordable housing. Some examples of inclusionary zoning are as follows:

• Boston requires that 15% to 17% of the units nearby or on-site be low-income during new housing development.
• Cambridge requires 20% of residential units in new developments or conversions to be dedicated to affordable units.
• Worcester requires a minimum percentage of affordable units with the development of 12 or more new units. Compliance includes the following percentages: 15% at 80% AMI, 10% at 60% AMI, or a combination.
• Brookline requires the development of four or more affordable units or, in place of that, make cash contributions to the Brookline Housing Trust.

Local government offices have a lot of leeway in regulating property. Although they must rely on state rules to govern many aspects, they can modify many of the laws to suit the local community's needs. Typically, local governing bodies include the Building Commissioner and the Building Department. These offices must respect and enforce the Massachusetts State Building Code (780 CMR).

The local building inspector or the commissioner's office handles zoning regulations, reviews permit applications, issues building permits, and conducts inspections. The building inspector or building commissioner is the primary local government official responsible for administering and enforcing local building codes.

According to the Massachusetts State Building Code (780 CMR), building permits are required for new construction, renovations, alterations, repairs, demolition, or changes to a structure's use or occupancy. The owner of the property or their authorized agent (usually the contractor) must acquire the permit before any work is done. Application requirements vary by city/town. For example, in Boston, to get a building permit, you must:

• Visit the Inspectional Services Division (ISD).
• Bring the site, floor, and certified plot plans.
• Fill out the application. The owner must sign it.
• Estimate the total cost.
• Pay the permit fee.
• Wait for review and approval.

When applying for a building permit, you will need a detailed description of the work being done and the contractor's name, license, etc. You will also need to list any subcontractors that will be working on the job.

Building permit fees vary tremendously based on the cost, project type, and local regulations. Typically, the town or city charges a percentage of the total price plus a fee, like $1,000, on top of the percentage. Residential fees will be much lower than commercial projects. Some examples include:

• Shrewsbury: $10 per $1,000 construction value ($25 minimum).
• Malden: $13 per $1,000 for single and two-family new construction homes, and $16 for three-family or commercial construction.
• Waltham: Residential permits cost $12 per $1,000, and commercial permits cost $22 per $1,000.

Building Permit Timelines and Delays

Most contractors can get an "Express" building permit in 1-3 days. Depending on the project's complexity, other permits may take as long as 7-14 days. Massachusetts law requires the building inspector's office to review all permit applications within 30 days and decide whether to issue or deny them. Some permits may take the full 30 days to obtain. Reasons why permits may be delayed include:

• The number of applications the office has to process.
• Scope and complexity of the work.
• Zoning board reviews.
• Building in a historical district.
• Conservation commission involvement.
• Appeals.
• Abutters' complaints.

You can look up Massachusetts building permits using PropertyChecker's unique search engine. Enter the parcel ID or property address and see instant property records related to that specific address. Don't assume the owner or contractor obtained the correct building permits; know for sure.

Local Building Inspectors' Offices in Massachusetts

Obtaining a building permit happens at the city/town level. You must contact the right office to apply. Some local building departments in Massachusetts include:

• Andover Building Division
• Beverly Building Inspector
• Boston Inspectional Services Department
• Cambridge Inspectional Services Department
• Chelmsford Building Inspector
• City of Salem Inspection Services
• Ipswich Building Department
• Lawrence, Massachusetts Building Department
• Medford Building Department
• Methuen Building Department
• Salisbury Inspection Services
• Wakefield Building Department

What Requires a Permit

All new construction and most renovations require a Massachusetts building permit. Some of the things that do need a permit are:

• Building a New House
• Structural Alterations
• Roofing
• Siding
• Major Repairs
• Electrical, Plumbing, or other Major Systems
• Swimming Pools

Sheds and playhouses under 200 square feet are exempt from these rules. Fences less than 7 feet high and retaining walls under 4 feet high also do not need a permit. Painting and flooring are other things an owner can do without a permit.

Penalties for Not Getting a Permit

The Massachusetts State Building Code (780 CMR) allows municipalities to fine people $1,000 a day if they complete any work without a permit or fail to schedule the proper inspections. The work may also need to be redone according to the building inspector's terms.

Each city and town in Massachusetts establishes its own zoning laws, in accordance with Massachusetts General Laws, Chapter 40A. Zoning laws dictate which types of buildings can exist where (residential vs. commercial) and building dimensions, and setbacks. Although cities have a lot of leeway, they must comply with the state standards. Local zoning bylaws regulate the use of land and buildings within the area. The purpose of zoning is to protect the health, general welfare, and safety of the community. Most cities and towns have a zoning board that votes on new issues and makes decisions.

Some factors that lead to stricter zoning laws are large minimum lot sizes (to prevent high-density development). The greater Boston area falls in this category. Other towns may limit multi-family housing and forbid multiple homes on a single lot. Some cities adopt multi-family zoning laws regarding the MBTA to create more housing opportunities near public transportation.

Some stricter towns limit large minimum lot sizes to discourage multi-family housing. However, this also limits development and affordability for some families. MBTA communities and those in more densely populated areas tend to be stricter with zoning.

Some of the stricter cities that have instituted MBTA, or multi-family zoning laws, include Abington, Andover, Arlington, and Bedford. Wellesley, for example, had to zone for 1,392 units, 90% of which must be located within a half-mile of transit areas, according to the Town of Wellesley.

The Process of Rezoning (to open a business in a residential area)

There are instances where it makes sense to open a business in a residential area. The process of rezoning a particular area is as follows:

• Submit an application to the local city council or zoning board.
• Include a clear description of the business and why operating out of that location is necessary.
• Submit a site plan and impact study about how it could affect the neighborhood.
• You may need to obtain permits for any structural modifications.
• The board will review your application and then hold a public hearing, which you should attend to answer any questions.
• The local authority will make the decision and notify you in writing.
• If it passes, the area will be rezoned to include commercial operations.
• The approval may be subject to specific conditions.

Historic Preservation and Overlay District Rules

Massachusetts has specific and strict laws regarding building and construction in or around historic districts. Typically, the contractor or building owner must work with the local Historic District Commission (HDC) before making any changes. The goal of these regulations is to maintain the property's historical significance. Often, this requires a "Certificate of Appropriateness" from the Massachusetts Historical Commission (MHC). According to Massachusetts General Law (Chapter 40C), local historical districts are established by cities/towns. All proposed changes must be approved after a public hearing and vote.

Massachusetts laws about property deal with dozens of different topics. You can access thousands of pages of regulations and other resources online to learn more about these subjects. As an investor, it's best to know everything you can to avoid building or legal issues. Use the list of links below to get started.

• Guidelines and Information for Contractors
• Public Construction
• Massachusetts Board of Building Regulations and Standards (BBRS)
• Department of Environmental Protection (MassDEP)
• The Attorney General's Office
• Purpose and Intent of MEPA
• The Home Improvement Contractor (HIC) Program
• Massachusetts State Building Code - 780 CMR
• Massachusetts Office of Consumer Affairs and Business Regulation (OCABR)
• Home Improvement Laws
• Massachusetts Electrical Code
• Board of Fire Prevention Regulations
• Massachusetts General Zoning Laws
• Renewable Energy Portfolio Standard
• Solar Massachusetts Renewable Target (SMART)

You can also use PropertyChecker to get a full property report including building permits, zoning details, property values, and much more!