Building Department

A Building Permit is the first step to making any change to property you own. This permit is issued from the Town and allows the building process to begin. The Building Permit process allows you to know that your project is built to code, inspected, and legally recognized by the Town so you can live in your home with peace of mind that it has met all safety and legal standards. In addition, by working with the Town to achieve compliance, you will obtain a Certificate of Occupancy (CO), which home owner's insurance and mortgage companies require. You must have a CO before you can live in this structure. Structures that are built without a building permit are subject to fines. A Building Permit is a formal written approval, stating all requirements and it is subject to various inspections by the Town allowing you to, in any way, alter property that you own. Please see the following information and instructions and/or applications for specific types of Building Permits:

• Bulkheading Building Permit
• Commercial Building Permit
• Demolition Permit
• Emergency Repair Permit Application
• Outer Beach Building Permit
• Residential Building Permit
• Residential Solar Panel Permit Application
• Instructions to Maintain (legalize) a Structure
• Instructions to Maintain (legalize) a Dwelling
• Building Permit for the Sale of Christmas Trees
• Rules for Sheds, Decks, Fences and Pools
• Smoke Detector Requirements
• Zoning Table of Requirements

Building Permits are required for the following projects (among others):

• All new buildings and homes including modular construction
• Additions
• Dormers
• Cathedral ceilings (architect plans required)
• Bathrooms
• Finished basements (sheet rock on the walls and flooring other than concrete)
• Garage conversions
• Gazebos
• Hot tubs
• Interior alterations (addition or removal of walls)
• Pools (in-ground and above ground)
• Porches
• Decks
• Roof replacement (removal of plywood)
Replacement of windows and doors (Only if size and/or location changes)
• Sheds (larger than 100 sq. ft.)
• Gas fireplaces (UL approved fireplace, plumbing permit also required)
• Sky lights

You can apply for a Building Permit through the Town's Building Division located at Babylon Town Hall at 200 East Sunrise Highway in Lindenhurst. A Town representative will provide you with all the necessary forms and explain the requirements and the procedure. For further information, call (631) 957- 3058.

A building permit is required before starting any construction or alteration project on real property. To discuss your project with the Town, contact the Building Division at (631) 957-3058.

Yes. Building Permits for wood burning stoves or fireplaces can be obtained through the Town of Babylon's Building Division.

Yes. Building Permits for a Hood and Duct System can be obtained from the Town's Building Division and a permit from the Fire Marshal's Office are required to install a Hood and Duct System.

A Demolition Permit is required whenever a structure or building is being demolished. This permit, like a Building Permit, is intended to insure that the demolition is carried out safely and effectively.

In order to apply for a Demolition Permit, you are required to do the following:

• Complete a Building Permit Application, signed and notarized by the property owner; see Demolition Permit Information and Instructions
• Submit contractor information including workers compensation, disability and liability insurance forms
• Provide asbestos certification
• Provide surveys
• Submit Letters of Compliance from other applicable agencies such as Suffolk County Water Authority, LIPA, Suffolk County Sewer District and any underground utilities such as gas

The Demolition Permit fees are as follows:

• Application fee: $25.00
• Building permit fee: subject to size of demolition as calculated by the Town Plans Examiner or Building Inspector
• Certified check or money order for $200.00 subject to return upon successful completion of the demolition
• Letter of compliance fee:$20.00

An illegal structure may include a home that has had alterations or additions built without securing a Building Permit first. Or in the case of a separate structure, like a garage, that has been built without a Building Permit.

When residential construction projects are built to code, inspected and legally recognized by the Town, you can live in your home with peace of mind that it has met safety standards. In addition, by working with the Town to achieve code compliance, you will receive a Certificate of Occupancy (CO), which homeowner's insurance and mortgage companies usually require, if selling, buying or refinancing a home. Finally, structures that are built without a Building Permit are subject to fines. If structures are not built to code, in some cases, repairs must be made in order to sell the house. Please see the instructions to legally Maintain a Structure and Maintain a Dwelling.

You can legalize an illegal structure by applying for a Building Permit and follow the permit application process:

• Complete a Building Permit Application with the property owner's signature notarized
• Submit three full sized, signed, sealed, original surveys - surveys must show all current improvements to the property
• Submit two sets of floor plans drawn to 1/4 inch = 1 foot scale
• Submit photographs of different views of the structure (including front, side and rear)
• Submit a plumbing permit application, if required
• Submit a Fire Underwriters Certificate, if required, for electrical work that was done

The fees for legalizing a structure include:

• Application fee: $25.00, which is non-refundable
• Building Permit fee - this fee is dependent upon the cost of the construction and as calculated by the Town Plans Examiner or a Building Inspector. You will be notified of this fee when you come in to pick up the permit. The $25.00 application fee is applied to the cost of the permit.
• Certificate of Occupancy fee - $20.00. This fee will be added to the building permit fee. If more than one Certificate of Occupancy is required, an additional $20.00 fee will be required for each.

Non-building structures include structures like sheds, decks, fences and pools. These structures do not necessarily follow the traditional building permit process and may not require a building permit. There are different requirements for building or installing sheds, decks, fences and pools. These may vary depending on your particular zoning district such as Residential A, AA, B, or C. Following the code requirements for these structures ensures that the safety and property rights of Town residents while also helping to maintain the character of our neighborhoods. See the Rules for Sheds, Decks, Fences and Pools

Sheds not exceeding 100 square feet and 10 feet in height do not require a Building Permit as long as the setback requirements as set forth for the given zone are met. There shall be a maximum of two sheds per lot. All sheds must meet lot area occupancy requirements. Set backs for under 100 square foot sheds include:

• Zone A and AA - 2 feet from the side and rear property lines and 50 feet from the front property line
• Zone B and C - 2 feet from the side and rear property lines, 40 feet from the front property line

Sheds larger that 100 square feet require a Building Permit and must meet setback areas set forth for the given zone. Setbacks for these sheds include:

• Zone A and AA -10 feet from the side and rear property line and 50 feet from the front property line
• Zone B - 8 feet from the side and rear property line and 40 feet from the front property line
• Zone C - 6 feet from the side and rear property line and 40 feet from the front property line

Decks higher than 18 inches and lower than 5 feet require a Building Permit and must meet the following setbacks:

• Zone A and AA - 10 feet from the side and rear property lines, 50 feet from the front property line
• Zone B - 8 feet from the side and rear property lines, 40 feet from the front property line
• Zone C - 6 feet from the side and rear property lines, 40 feet from the front property line

Construction of a fence does not require a Building Permit if it complies with the provisions of the code for all zones as follows:

• Maximum height allowance of 6 feet from the front of the house (structure) to the rear yard
• Maximum height allowance of 4 feet in the front yard from the start of the house or structure
• Maximum height allowance of 3 feet for all solid fences constructed on either side of a driveway and/or within 10 feet of an entrance/exit to a driveway so as to ensure proper visibility
• Maximum height allowance of 3 feet for a corner lot within 20 feet of the corner or intersection
• All new fence installations must have the good side facing out

Construction of a swimming pool (in-ground or above) requires a Building Permit. All pools must meet lot area requirements and the following minimum setbacks:

• Zone A and AA - 6 feet from the side and rear property lines, 50 feet from the front property line
• Zone B and C - 6 feet from the side and rear property lines, 40 feet from the front property line

• All electrical devices must be equipped with a ground fault interrupter and approved by a fire underwriter
• All pools must be enclosed by a fence, 4 foot or higher, that has a self-closing and self-locking gate
• All pools must have an audible alarm
• Filter and drainage systems must be contained on the property
• Pools cannot be constructed in a front yard
• Child-proof safety locks must be installed on all sliding doors that access the pool area