Tex. Loc. Gov't Code Ann. ch. 214 (subchs. A, B, C, G, H, I, Z) § 214.904
TIME FOR ISSUANCE OF MUNICIPAL BUILDING PERMIT.
Operative Text
Sec. 214.904. TIME FOR ISSUANCE OF MUNICIPAL BUILDING PERMIT. (a) This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction.(b) Not later than the 45th day after the date an application for a permit is submitted, the municipality must:(1) grant or deny the permit;(2) provide written notice to the applicant stating the reasons why the municipality has been unable to grant or deny the permit application; or(3) reach a written agreement with the applicant providing for a deadline for granting or denying the permit.(c) For a permit application for which notice is provided under Subsection (b)(2), the municipality must grant or deny the permit not later than the 30th day after the date the notice is received.(d) If a municipality fails to grant or deny a permit application in the time required by Subsection (c) or by an agreement under Subsection (b)(3), the municipality:(1) may not collect any permit fees associated with the application; and(2) shall refund to the applicant any permit fees associated with the application that have been collected. Added by Acts 2005, 79th Leg., Ch. 917 (H.B. 265), Sec. 1, eff. September 1, 2005.
Under Texas Local Government Code § 214.904, municipalities must act on building permit applications within 45 days of submission — either by granting or denying the permit, sending written notice explaining the delay, or entering a written agreement with the applicant on a new deadline. If a delay notice is issued, the municipality then has 30 days from the applicant's receipt of that notice to make a final decision. Should a municipality miss the deadline set by a delay-notice response or a written agreement, it forfeits the right to collect permit fees and must refund any fees already paid.
Plain English — not legal advice.
Property owners and developers subject to § 214.904 generally track the submission date of every building permit application carefully, since the 45-day clock begins running from that date. Compliant operators keep records of any written delay notices or deadline agreements received from the municipality, and they monitor the subsequent 30-day window to ensure a final decision is issued. If a municipality misses the applicable deadline, operators are aware that permit fees cannot lawfully be collected and that any fees already paid must be refunded.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 214.904 primarily governs the relationship between municipalities and permit applicants such as landlords or developers, tenants may have an indirect interest when construction or improvement projects affecting their housing are delayed by municipal inaction. If a landlord or developer fails to obtain required permits in a timely manner — or if a municipality's delay affects a housing project — tenant-rights organizations can help clarify how permit-related issues intersect with habitability or lease obligations. Tenants who believe unpermitted work is affecting their unit may also contact their local municipality's building or code enforcement office to inquire about permit status under § 214.904.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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