Do You Need a Permit to Build a Deck?

Nearly all construction projects must adhere to proper codes and permits before the building begins. Following state and local regulations is also required for new repair work, refurbishing projects, and replacing deck parts. I have seen homeowners often disappointed that they have to stop construction to obtain a permit. In this article, we will examine how to navigate this process.

Do You Need a Permit to Build a Deck?

While building codes differ from state to state, the rules for deck permits are the same. Whether you are a DIY-er or hire a professional, you must get a permit. The only exemptions are if the deck is 200 square feet or less, is not attached to a house or structure, and is less than 30 inches tall. I strongly recommend being on the safe side and double-checking with your local permit office – just in case!

Why Do You Need a Permit for a Deck?

There are multiple reasons why you need a permit for a deck. The most important reason is for the safety of your deck. You want to ensure you have a safe and secure deck built for you and your family, pets, and guests. The last thing you want is for someone to hurt themselves because of a flaw with your deck, which could’ve been avoided by getting a permit.

Additionally, avoid any fines, as your jurisdiction might levy a fine against you or your deck builder for not following the process. The penalties can be extraordinarily high and might result in a partial or complete teardown of your deck. That is, sadly, a waste of time and money.

Another aspect of this would be ensuring necessary permits are in place because of any tax assessment or future work on your house, deck, or yard. We have seen homeowners who have skipped this step only to have a challenging process regarding taxes, construction, and liability.

What Size Deck Can I Build Without a Permit?

The deck size you can build without a permit is a small one, like 200 square feet or less. The deck cannot be attached to anything, nor close to a property line, and must not have any railings or steps. In fact, very few decks can be built without first securing a permit.

Other Considerations Affecting Permits

A floating or freestanding deck is an example of a deck that does not require a permit. I still advise you to contact your local zoning and permits office to determine the specifics before building this type of deck. Enhancements to a deck, like railings, built-in seating areas, and stairs, do require a permit.

It’s important to note that a deck built near your property, within approximately five feet, still needs to go through the permit process. This is because of safety, ease of access, and ensuring a correctly built deck. There aren’t too many things worse than having to tear down a brand-new deck and start all over again, and pay hefty fines! Save yourself the frustration and aggravation by getting a permit first.

Consequences of Not Having a Permit Before Construction

So, what happens if you decide to forgo the permit process before construction? As mentioned, there are a few cases where you may not need a permit, but it is safe to assume that the permitting process is almost always necessary.

I suggest you contact your county or city zoning office. That is a good place to start. They can help you determine what permits are required to build a deck.

You could be sued if a guest trips and falls through a railing and/or off your deck. Without proper permits, it could be for a huge sum of money. There is also the possibility of an inspector reporting you for noncompliance by not having a permit in place.

Another consequence would be difficulty in the resale of your property. Decks and other additions constructed without permits can pose a huge problem when selling your house. This is something you don’t want to have happen, as this can adversely affect your real estate transaction. A potential buyer may require you to apply for a retroactive permit, which further complicates your property’s sale.

If you are considering buying a property without a deck and want to install one later but are unsure of the permitting process, consider a house that already has a deck.

How to Get a Permit for Your Deck

While the permit process can vary from state to state and county to county, it is best to start with online research so you can also call the appropriate government agency for permit information. Usually, the zoning department knows the construction codes. The process time can vary, but typically, it takes a few weeks to up to about a month. Occasionally, if there is an issue, it could be longer.

You will need preliminary plans, project drawings, and framing views. Also, expect to pay a filing fee when submitting your application. Routinely, you can obtain a permit within a few weeks or sooner. This is if your planned proposal is complete and you visit the permit office in person. Make sure you contact the office before showing up.

Homeowners Association Requirements for Deck Building

If your house or townhouse is in a community with an HOA, or homeowners association, you must check with them. It’s likely a safe bet that they will have a few rules of their own, so it’s best to run it by the homeowners association as well.

Is a Permit Required To Repair a Deck?

This depends on a few factors: what the repair is, the size of the repair area, and whether it involves electrical work or something similar. Depending on whether it is just a simple fix, completely remodeling your deck, or adding a feature, you will probably need a permit. At this point, I recommend checking with the permit office.

Frequently Asked Questions (FAQs)

1. Which States Require a Permit for a Deck?

Generally, all states require a permit for a deck. Although they may differ from jurisdiction to jurisdiction, we advise you to contact the zoning office for the locality in which you live. The factors that might affect this would be the lot size and the county’s population or vicinity. If an area is sparsely populated, the permit process may not be as stringent.

For simple repairs, most states may not require a permit. However, some states, such as Washington and New Jersey, have strict guidelines.

2. Why Your Deck Permit Could Get Denied

The keyword here is thoroughness. You should have complete plans for the design, weight, and any specifications for your deck. The more thorough the plan, the better your chance of successfully getting your permit on the first try.

3. Do I Need a Building Permit to Put a Roof Over My Deck?

Yes, you’ll need a building permit for your roof. Although the size and scope of your roof or shelter might vary, you can count on needing a permit for this type of structure.

4. Do I Need a Permit to Extend My Deck?

Yes, you will definitely need a permit to extend your deck. This is because any additions or enhancements to your deck are built safely and follow the local zoning rules. Also, you want to make sure you follow all the guidelines so you can have a secure structure for you, your family, and your guests to enjoy for many years to come.

Sources:

https://www.iccsafe.org/products-and-services/i-codes/2018-i-codes/irc/

https://trexrainescape.com/resources/best-tips-for-better-deck-safety/

https://trexrainescape.com/resources/cost-of-deck-installation-how-much-does-it-actually-cost/

https://www.exprealty.com/guides/should-i-build-my-own-home

https://www.angi.com/articles/how-much-does-building-permit-cost.htm

https://www.hopb.co/hoa-state-laws/