Do You Need A Permit To Build A Deck? (2023 Updated)

Building a deck can be a rewarding home improvement project that adds value and enjoyment to your property.

However, before you start hammering nails and selecting your favorite outdoor furniture, you’ll likely need to obtain a permit to build that deck.

While it might seem like a bureaucratic hurdle or an unnecessary inconvenience, securing a permit is a crucial step in the deck construction process.

Do You Need A Permit To Build A Deck?

It’s time to build a budget for your deck project, and you’ve selected your design. Perhaps you’ve already decided on the color and materials for your deck, and now all you have to do is buy the supplies and get going.

In your pre-construction checklist, you might wonder: Does a deck require a permit? To build a deck, you’ll likely need a permit. Be sure to check your local codes to make sure you’re in compliance.

What Size Deck Can You Build Without A Permit?

What Size Deck Can You Build Without A Permit

The construction of a deck over 30 inches above adjacent grade is likely to require a permit. There is little consistency in the answer for decks less than 30 inches above grade.

International Residential Code, most recent edition, exempts decks from permits when they:

  • Approximately 30 inches below adjacent grade
  • Size not exceeding 200 square feet
  • The home is not attached to it
  • A home’s mandatory exit door isn’t being served

The majority of decks will require permits if those criteria are met.

Why Do You Need A Permit To Build A Deck?

Why Do You Need A Permit To Build A Deck

Depending on the local building code, permits are typically required for renovations that alter the structure or size of a home or change its plumbing or electrical system.

A building permit is usually required for a new or replacement deck, since they are usually connected to a home.

Exceptions do exist, however. Depending on your local regulations, low-lying island decks that don’t attach to structures, are less than 200 square feet, and are under 30 inches above grade may not need a permit.

You should always check with the building department at your local municipality for specific information about permits.

The homeowner can also hire a contractor who will handle any permits and research local regulations, but it’s still a good idea to double-check that the contractor is handling everything properly.

It is likely that a building permit will be required if you plan to build a deck that attaches to a house and exceeds certain restrictions regarding size and height.

In addition to ensuring the safety of the immediate and future owners of the property, building permits need to be obtained by homeowners and contractors in compliance with local building and zoning codes.

It is important to note that local codes vary by region, since a home in subtropical Florida may have different requirements when it comes to environmental safety than a home in the Colorado mountains.

Tip:

You may not need a building permit on a detached deck that is smaller than 200 square feet and within 30 inches above grade.

You will need to provide proof of compliance with building codes in order to obtain home insurance coverage in case of an accident.

You may also be subject to fines if you fail to follow local regulations as part of your homeowners association (HOA).

As a last step, if you plan to sell your home, you’ll need to admit any work that was not permitted and verify the permits.

If your home has unpermitted work, some lenders won’t approve your mortgage, making it difficult to resell.

Do You Need a Permit if You Hire a Contractor?

Getting permits and reviewing local regulations will be the responsibility of contractors when building a deck.

Check reviews before hiring a contractor and ensure that they are licensed and follow codes to avoid complications.

Damages caused by insufficient work may be the responsibility of contractors who fail to obtain the required permits.

What Happens if You Don’t Get a Building Permit?

What Happens if You Don’t Get a Building Permit

In the event a deck is constructed without the proper permits, homeowners may be fined, sued, or asked to tear down the deck.

Don’t assume that unpermitted work will be easy to conceal, because cities can discover it through neighbors’ reports, annual property tax assessments, or future inspections.

Aside from the city’s enforcement measures, homeowners are responsible for damages resulting from faulty construction. If the work was unpermitted and uninspected, your homeowners insurance will not cover the costs.

If unpermitted work has gone unchecked for years, and the owner is now trying to sell the house, they must disclose unpermitted work to prospective buyers and sell it “as is,” which is unlikely to be approved by lenders.

A retroactive permit and inspection will be required if the homeowners proceed with the sale without them.

Reasons Why Your Deck Permit Might Get Denied

It is possible to get a deck permit denied for a number of reasons. Deck railing posts generally do not meet or exceed code due to a lack of detail in the plans.

There is a possibility that deck joists are undersized to accommodate the spans called for on the plans. There is a possibility that the beam sizes are insufficient to support the deck’s load.

To prevent collapse during an earthquake, decks built in seismic zones require a variety of engineering features. Do not be shocked if your permit application is denied if you lack this crucial engineering.

Plan examiners may have a list of the most common reasons why permits are denied before you start drawing your plans.

How To Create Deck Plans for Permits?

For a better understanding of the scope of your project, your building department will require deck plan drawings to scale.

There should at least be an overhead view, also known as a framing plan view. To evaluate the vertical aspects of your project, you may also be asked to submit an elevation drawing.

Image Credit: https://www.timbertech.com/

Deck plans should include the following information:

Project scope: location, size, and spacing of footings, beams, and joists

Installation notes: for footings, railings, stairs, and ledger board

Materials: framing, decking, railing, hardware, and fasteners

In order to create their deck plans, homeowners or contractors can use computer software or draw them by hand on graph paper.

How To Create Site Plans?

A site plan will help you see how your deck fits into your property as well as your deck plans.

If you want to ensure everything is accurate, you can either measure your property boundaries and existing structures yourself or hire a professional property surveyor.

Be sure that your local building department will accept your hand drawing of your property if you wish to hand draw it.

Image Credit: https://www.timbertech.com/

The site plan should include the following:

How To Get a Building Permit?

Local building departments issue building permits primarily on behalf of city and county governments in the U.S. There are some slight variations in the process based on the locality and project, but the overall process is pretty straightforward.

You need to visit your building department if you’re planning to DIY your deck. Your builder is always responsible for pulling a permit. You’ll need the following items:

  • Application for a permit
  • Construction plans in two sets
  • Plans for the site
  • Fees for building permits
  • A copy of the contractor’s license is required

After reviewing the details of your project and application, the local building department will decide whether or not to issue a building permit. There is usually a delay between two weeks and a month during this process.

How Much Is a Permit to Build a Deck?

It wouldn’t be the first time someone has asked how much a deck permit costs. The amount of the building permit fee depends on the city or town.

It is possible that a small town will charge as little as $100 for a permit in 2023. There might be several layers of permits required in larger cities, so the fee can soar to hundreds of dollars.

Do You Need A Permit To Build A Patio?

You should consult your local building department before purchasing materials to build a patio to determine if a permit is required. In many cities and towns, patios are considered outdoor living spaces, so permits are required.

In Conclusion

Adding a deck to your home can increase its value and give you a beautiful and comfortable place to spend time outside. Don’t forget that building a deck will likely require a permit. It can be a great DIY project.

Keep in mind, obtaining your deck building permit is an important step. Should a zoning variance be required, it may delay the project by a few weeks or months.

The effort will pay off in the end. Make sure to scan the plans, applications, and permit itself, and back them up digitally.

These may be needed by the future buyer of your home to obtain a mortgage. In the event that you need to prove that the deck was approved, you’ll need all this information.

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