What If Your New Hampshire Town Has No Building Inspector?
In a New Hampshire town with no building inspector, the state code still applies and your contractor answers for it. Energy code forms go to the state.
By the permits.llc team · Last reviewed October 29, 2026
If your New Hampshire town has no building inspector, there is no town building permit to pull, but the state building code still applies to your project and your contractor is legally responsible for meeting it. Most of these towns still require a zoning permit before you build, and the energy code paperwork goes to the state instead of the town.
That surprises people. The town office may hand you a one-page zoning form and nothing else, and it is easy to read that as "no rules here." It is not.
Why do some New Hampshire towns have no building inspector?
Because enforcement is the town's choice. RSA 155-A:3 lets a town's legislative body create a local enforcement agency, and a town that does so must adopt an ordinance that creates a building official, a board of appeals and a fee schedule. A town that never adopts one has no one with the authority to issue building permits.
A few towns say so on their own pages:
- Epsom has not adopted building codes and has no building, electrical or plumbing inspector, according to its Zoning Compliance page. It issues a zoning permit.
- Wilmot states that it "has no building inspector, therefore no building permits" on its town Planning Board page. A project that affects a property's value needs a certificate of zoning compliance from the Select Board.
- Richmond requires a Zoning Compliance Certificate before any construction, and its 2026 application packet says the town does not require building inspections, issue occupancy certificates, or issue anything for heating, electrical or plumbing work.
Epsom and Wilmot are both in Merrimack County; Richmond is in Cheshire County. Your own town may be on the list too, so ask the town office before assuming either way.
Does the state building code still apply?
Yes. RSA 155-A:2 says every building and structure in New Hampshire, and every construction, alteration, repair or demolition, must comply with the state building code and the state fire code. The same section says the contractor is responsible for meeting the code's minimum requirements, and that a town is not liable when a contractor fails to.
So the rules for roofs, stairs, smoke alarms, egress windows and wiring are the same in Epsom as in a town with a full building department. What is missing is the person who checks.
Will the state inspect instead?
Usually not. Under RSA 155-A:7, the State Fire Marshal may enforce the building code in a town with no enforcement agency only on the town's written request. RSA 155-A:2 adds that the chapter does not give the state an independent role in enforcing the code on buildings it does not own.
There is one notice rule worth knowing, and it does not cover houses. In a town without enforcement, a building contractor must tell the State Fire Marshal the type of construction before work begins, but RSA 155-A:2, VI excludes one- and two-family homes.
Who checks what, town by town
| Part of the job | Town with a building department | Town with no building inspector |
|---|---|---|
| State building code | Applies | Applies (RSA 155-A:2) |
| Paper before work starts | Building permit from the town | Zoning permit or certificate, where the town requires one |
| Inspections | Town building official | None, unless the town asks the State Fire Marshal in writing |
| Residential energy code form | Building official | NH Department of Energy (RSA 155-A:10-a) |
| Fire Marshal notice | Not required for houses | Not required for one- and two-family homes |
| Who answers for code compliance | The contractor | The contractor |
Where does the energy code paperwork go?
To the state. RSA 155-A:10-a sends residential energy code compliance forms from towns without an enforcement mechanism to the New Hampshire Department of Energy, which verifies them and forwards them to the town for its property records.
The department's rule, En 1800, covers new homes and additions or alterations to existing homes in those towns. The applicant submits a signed New Hampshire Residential Energy Code Application, by email to energycodes@energy.nh.gov, and the rule says no project is approved until the department issues a verification letter to the town, with a copy to the applicant. Richmond's packet points applicants to the same state certification for new homes, larger additions and winterizing a seasonal home.
What should you ask your contractor?
With no inspector, the contract and the contractor's own standards do the work an inspection would. Before you sign, ask:
- Which code edition will you build to? New Hampshire moved to the 2024 codes on 1 July 2026, with a concurrence period to 31 December 2026; our 2024 building code explainer covers the dates.
- Who files the town's zoning form, and who files the energy code application with the Department of Energy?
- Who does the wiring, plumbing and gas work? Those trades are licensed by the state wherever you live; can you do your own wiring or plumbing in New Hampshire? explains the homeowner exceptions.
- Will you put the code edition and the licensed trades in the written contract?
New Hampshire has no state general contractor licence, a point our explainer on contractor licensing covers, so the questions above are often the only check you get. For what a heating or cooling job involves under the state code, see the New Hampshire HVAC permit guide.
Frequently asked questions
Do you need a building permit in a New Hampshire town with no building inspector?
Who inspects the work if my town has no building inspector?
Where does the energy code form go if my town does not enforce the building code?
Does the contractor have to notify the State Fire Marshal before building my house?
Which New Hampshire towns issue no building permits?
Planning a project?
Your town's page has the building office, how it takes permits, and a short form to get matched with licensed New Hampshire contractors.