Use of Premises Permit (outdoor land use on private property, e.g. patio or roof-level space): Boston restaurant guide
Boston ISD (Building Division)
What it is
ISD's permit for using outdoor land for something other than its primary purpose — the Licensing Board accepts it (or an Inspection Certificate listing patio capacity) as proof that a private-property patio is approved before adding outdoor seating to a CV or liquor license.
When a restaurant needs it
Outdoor seating on private property (parking lot, yard, roof-level terrace) that isn't already on your Certificate of Occupancy/Inspection Certificate.
How to apply
Start the application in the ISD online permitting portal, then submit the certified plot plan and diagram in person at the Building Division, Counter 1, 1010 Mass. Ave., 5th floor.
Documents you’ll need
- Certified plot plan showing the intended use
- Diagram of temporary structures and utilities
- Approved curb cut application (only if creating parking)
Good to know
If inside + outside capacity passes 49, BFD must update your Place of Assembly permit, and the Disabilities Commission reviews the accessible route to the patio.
Official source
Boston ISD — Use of Premises permit · Licensing Board — public agencies and outdoor dining licensing
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Last reviewed 2026-10-06. Guidance only, not legal advice.