State of Alabama Building Codes: Enforcement, Permits, and Appeals

Alabama building codes are set at the state level and enforced locally. The state establishes minimum residential and energy codes that apply everywhere, while cities and counties run the permit, plan review, and inspection process inside their borders. That split produces real variation across the state, and in some unincorporated areas there may be almost no local enforcement at all.

Which Codes Apply to a Home in Alabama

Two statewide minimums govern private residential construction. The Alabama Energy and Residential Codes Board (AERCB), created under Code of Alabama Sections 41-23-80 through 41-23-85, sets the baseline residential building code and energy code for the entire state.1Alabama Legislature. Alabama Code 41-23-82 – Creation; Composition; Purpose; Supervision

The AERCB’s minimum residential building standard is the 2015 International Residential Code (IRC), with Alabama-specific modifications.2Alabama Administrative Code. Rule 305-2-4-.09 – Residential Building Codes The IRC covers one- and two-family homes and townhouses, including structural design, roofing, plumbing, and mechanical systems.

The energy floor is the 2015 International Energy Conservation Code (IECC) with state-specific amendments, adopted as the Alabama Residential Energy Code.3Alabama Administrative Code. Rule 305-2-4-.10 – Residential Energy Code It governs insulation, window performance ratings, and HVAC efficiency in new homes. Commercial buildings follow either the 2015 IECC or ASHRAE Standard 90.1-2013.4Alabama Department of Economic and Community Affairs. Alabama Energy and Residential Codes

How Local Enforcement Works

Cities and counties handle the day-to-day work: adopting the code, reviewing plans, issuing permits, and running inspections. A local government can adopt a newer edition of the IRC than the state minimum, and many larger cities do. What a local government cannot do is drop below the AERCB’s baseline. State legislation has also blocked cities and counties from adopting energy codes stricter than the statewide Alabama Residential Energy Code, so local variation on energy efficiency runs only one direction — toward the state floor, not above it.

The Unincorporated Area Gap

This is the part that catches homeowners off guard. Under Alabama law, a county commission may adopt building codes for unincorporated areas by resolution, but is not required to. In practice, many rural, unincorporated parts of the state have no local building department, no permit requirement, and no inspection process. A house built there may face virtually no local enforcement of structural, plumbing, or mechanical standards.

That does not mean nothing applies. The AERCB’s minimum residential energy code still applies statewide. The State Fire Marshal retains authority over fire safety in public-use buildings. Any contractor working in these areas still needs a state license. But no local official may be reviewing plans or inspecting the framing on a private home. If you are buying a house built in one of these areas, an independent inspection before closing matters more than usual.

Fire Safety Runs on a Separate Track

The State Fire Marshal’s Office operates under Title 36, Chapter 19 of the Code of Alabama and has statewide authority over building construction and fire safety.5Alabama State Fire Marshal’s Office. About Us The office has adopted the 2021 International Fire Code as a statewide regulation, giving it enforcement power in places where people gather, such as schools, hospitals, and theaters.6Legal Information Institute. Alabama Administrative Code r. 482-2-101-.02 – Adoption of International Fire Code (2021 Ed.); Exceptions

This authority runs alongside local building code enforcement, not through it. A project that clears a local building department can still be inspected and cited by the Fire Marshal for egress or fire prevention issues.

State-Owned and State-Funded Buildings

Public projects follow a different, generally more current set of codes administered by the Division of Construction Management (DCM). The baseline is the 2021 International Building Code, with companion codes covering plumbing (2021 IPC), mechanical (2021 IMC), electrical (2020 NEC/NFPA 70), and fire (2021 IFC).7Division of Construction Management. State of Alabama Building Code These apply only to construction done by or on behalf of the state and its agencies, not to private residential or commercial work.8Alabama Administrative Code. Alabama Code 355-12-1 – Alabama State Building Code

Accessibility on public projects and commercial construction is governed by the 2010 ADA Standards for Accessible Design, which override the accessibility provisions of the International Building Code where the two conflict.9ADA.gov. 2010 ADA Standards for Accessible Design

Manufactured Homes Are Not Covered

Manufactured homes (commonly called mobile homes) do not follow Alabama’s state building codes. They are built to the federal Manufactured Home Construction and Safety Standards under 24 CFR Part 3280, known as the HUD Code. The Alabama Manufactured Housing Commission regulates installation within the state, requiring installation to the manufacturer’s instructions and setting minimum anchoring and tie-down standards.10Alabama Manufactured Housing Commission. Chapter 535-X-13 – Regulations for the Installation of Manufactured Homes

Contractor Licensing

Alabama requires a state license for residential construction and remodeling, administered by the Home Builders Licensure Board under Title 34, Section 14A. The board issues three license types:11Alabama Home Builders Licensure Board. How to Get Licensed

  • Unlimited License, which requires passing the Alabama Business and Law Exam and the Alabama Skills Exam.
  • Limited License, which requires proof of a current or recent local contractor’s business or occupational license.
  • Roofers License, which requires the same local license proof plus a $10,000 surety bond naming the board as obligee.

Hiring an unlicensed contractor creates real downstream risk. The work may not pass inspection, and unpermitted or unlicensed work can cause problems with insurance claims and with future sale of the property.

Permits, Inspections, and the Certificate of Occupancy

In jurisdictions that enforce building codes, new construction or a significant renovation starts with a building permit from the local building department. Fees vary and are often calculated on estimated construction value or square footage. A typical application asks for:

  • A completed application form
  • Detailed construction drawings
  • A site plan showing property boundaries and setbacks
  • Engineering reports for projects with complex structural elements

Once the permit is issued, the work goes through mandatory inspections at key stages: foundation, framing, and rough-in for electrical, plumbing, and mechanical. The building official signs off on each phase before the next can start. When everything passes, the jurisdiction issues a Certificate of Occupancy confirming the structure is legally habitable. Occupying a building before that certificate is issued can trigger fines and complicate insurance and resale.

Appealing a Building Code Decision

If a building official denies a permit or interprets a code provision against you, most Alabama jurisdictions maintain a board of appeals or board of adjustment. Procedures vary, but the appeal generally must be filed in writing within a short window after the decision.

Alabama law lets a party aggrieved by a final decision of a board of adjustment appeal to the circuit court in the county where the board sits. Written notice of appeal must be filed with the board within 15 days of the decision, and the appeal must be filed with the circuit court within 45 days.12Alabama Legislature. Alabama Code 11-52-81 – Board of Adjustment The circuit court reviews the matter fresh rather than deferring to the board’s conclusion.