Knowledge Builders

do i need a building permit for a small deck

by Dr. Werner McClure Published 2 years ago Updated 2 years ago
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In most cases, you need a permit to build a deck. Deck plans submitted for a permit must pass through the zoning-code gauntlet. Zoning laws in cities and towns regulate what can be built on your lot and where it can reside.

Do you need a building permit, to build a deck?

You need a permit to build a deck if it is attached to your house, 30 inches above grade, or over 200 square feet. If the deck is under 30 inches tall, less than 200 square feet, and freestanding you don’t need a permit. Permit guidelines vary from county to county, so always check with your local governing authority for the rules in your area.

What consequences can building a deck without a permit bring?

With that comes the question about deck permits. What are the risks of building a deck without a permit? Building deck without a permit may result in removing it, possible penalties and back property taxes. A building permit is required if the deck is attached to the house or is 30 inches above grade.

What exactly is the rules for deck building?

Other Rules:

  • The number of your good cards and the number of your evil cards MUST be equal.
  • The number of sites may not exceed the number of Lost Souls in a deck.
  • The maximum number of cards in a deck is limited to 252, as long as it contains the appropriate number of Lost Souls (see the list above).

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Do I need a permit to replace an existing deck?

This will depend on the extent of the repair. If you are just replacing some deck boards and maybe some railing then a permit is not required. If you are replacing anything structural like joists then yes you should get a permit. Click to see full answer. Also question is, what happens if I don't get a building permit for a deck?

Do All Decks Require Permits?

What is the first step in deck building?

Why do we need permits for decks?

Why is it so complicated to get a permit?

How far can a deck be from a house?

What is the penalty for building a deck without a permit?

What to include in a deck plan?

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Do I need a permit to build a deck in New York city?

Permits For a Deck in NYC You must get permits to build a deck. You will need to file with the NYC Department Of Buildings (DOB) to build a deck. If your building is Landmark Status you will also need to file with the Landmarks Preservation Commission (LPC). You will need a NY Registered Architect for this project.

Are wooden decks legal in NYC?

Materials: Combustible materials, such as wood, are not permitted within 3 feet of lot lines or in multiple dwelling buildings.

Do you need a permit for a patio in NY?

In Long Island, permits are typically required for the following types of work: Decks and patios. Dormers. Central A/C and generators.

Do I need a permit to build a deck in Oklahoma city?

Permits are required when you construct, alter, repair, enlarge, move or demolish any primary or accessory structure. Contact Development Center Plan Review staff at 297-2525 for additional information. The State of Oklahoma does not require a license for general contractors.

Do you need a permit for a floating deck in NY?

In addition to not requiring a building permit, floating decks are far easier and faster to build than elevated decks. They also don't require frost depth footings and don't need handrails because they're so close to the ground. Because a floating deck is ground level, repairing and maintaining them is relatively easy.

What happens if you build without a permit in NYC?

If an inspector finds work being done without a permit, a violation and a “stop work order” is issued. In addition to paying a penalty of up to 14 times the cost of filing a job for a “Work Without a Permit” violations, additional penalties are imposed by the Environmental Control Board (ECB).

What can a homeowner do without a permit NY?

Some examples of work that does not need a permit are:Painting.Plastering.Installing new cabinets*Plumbing Fixture Replacement.Resurfacing floors*Non-structural Roof Repair.

What can I build in NY without a permit?

PROJECTS WHICH DO NOT REQUIRE A BUILDING PERMIT: Small site development - including finished grading and planting; fencing; and re-paving of existing roadways, parking lots and walkways. Bleacher projects which involve only the installation of pre-engineered, factory-built equipment without foundations or sitework.

How much is a building permit in NYS?

How much does a building permit cost?Building Permit Fees:$100 Application Fee plus $20 per $1,000 of cost of work to be done (Renovation) $200 Re-Submission FeeCertificate of Occupancy Fees:$110 for Residential Properties / $250 for Commercial Properties Copy of Certificate - $2018 more rows

Can I build my own deck?

It may seem overwhelming at first, but if you have the time and a solid understanding of basic construction principles, you can build a pretty incredible deck all on your own. Just keep in mind that while a DIY deck project might be a great option for some, it's not the solution for everyone.

Can you build a deck in your backyard?

Building a deck is the ultimate backyard project. It takes some work, but this series of articles and videos shows you step-by-step instructions for each phase, gives you a list of tools and materials, and provides you with an overview of basic deck-building techniques.

Can I draw my own deck plans?

All you need to make accurate deck plans are a pencil, ruler, and graph paper. Draw your deck to scale on graph paper (typically 1/4" to the foot). You'll need at least a site plan, a plan view, and one or two elevations. You also may want to draw detailed plans for complex parts of the deck.

Can you build with wood in NYC?

In terms of height, the building code in New York City allows combustible construction (which includes timber) for certain occupancies up to 7 stories and 85 feet above grade, provided that the exterior walls are noncombustible and the building is fully sprinklered.

How do you legalize a deck in NYC?

In order to avoid getting into legal trouble with your city's authorities, you need to petition the Department of Buildings for a permit before you proceed with your construction enterprise. In addition to this, you must hire a licensed engineer to design your deck according to the building code of your city.

What are the rules for building a deck?

WHAT YOU NEED TO KNOW36 "minimum height when surface is 30" + above grade.200 lb concentrated load.50 lb concentrated load over 1 sqft or balusters.50 lbf vertical and horizontal load along top rail.4 "maximum gap between deck and underside of bottom rail.4 "maximum gap between balusters.More items...

How high can a deck be without a railing in NY?

30"All decks greater than 30" above grade must have a guardrail. If you choose to install a guardrail on a deck lower than 30", you must still meet code requirements. Decks attached to single-family detached homes are regulated under the rules of the International Residential Code (IRC).

What is setbacks in zoning?

“Setbacks” is the general term used for the distances from property lines necessary to provide those characteristics, and they are not always consistent from neighborhood to neighborhood. Dense developments, with many dwellings per unit area, may have setbacks as small as 5 feet. Other more sprawling developments have setbacks upwards of 35 feet or more.

Is it worth building a deck without a permit?

It may seem like a hassle, but it is well worth the small investment of time and money to ensure your deck is built to code standards and is in compliance with local regulations. Building a deck without a permit can get you into some serious trouble. Some people find out the hard way by having to pay a hefty fine, ...

What happens if you build a deck without permission?

When you build a deck without asking for permission, it can cause some serious problems. It may lead to a heavy fine, destroying a new floor or being injured because of a faulty construction.

Why do you need a permit to build a deck?

The first appropriate reason why we need a permit to build a deck is: building it without permission means you’re breaking the law. Some people think that it can help they save money in the short-term when skipping the process of getting a permit. However, they are wrong, an unpermitted deck can cost even more in penalties, retroactive re-building fees, and legal expenses down the road.

What happens if you build a house without a permit?

Building without the proper permit means you could face fines or even be unable to sell your house because it contains an unauthorized addition.

Why Do I Need a Permit?

However, most decks do require a permit because of their size and construction requirements.

Are There Exemptions for Permits?

The particulars of whether or not you need a permit depends on regional laws. Consult your local government for the requirements specific to your area.

What If I Hire a Contractor?

Licensed contractors face the same permit requirements as homeowners when building a deck.

Have More Questions?

If you have more questions about getting a permit (or about decks in general), contact our team today! We can help you get started on building the deck of your dreams.

What does a deck inspector need to see?

The inspector needs to see that your deck will be a certain distance away from property lines. This ensures you: Comply with fire codes. If your deck were to catch fire, it needs to be far enough away from other properties to ensure they don’t catch fire as well. Comply with planning/zoning rules/HOA requirements.

Why is it important to have a deck?

Decking provides new functionality for your garden or yard. Throwing a cookout can get cold on the grass, and without a dry place to sit, limits the time spent outside your property if it rains. Decks are also easy on the eyes: a good deck will make your property look updated and attractive and can even increase its sale value.

Can I Get a Retroactive Deck Permit?

You can’t get a retroactive deck permit now. If you find yourself in a situation where you have a deck built without a permit issued and passed you can still obtain permission.

How does bylaws affect deck construction?

The bylaws might affect how big of a deck you can build and how close to a property line, among other factors. We will explore different scenarios below.

What happens if a deck falls?

If a deck were to fall with people on it, someone could get seriously injured. One of the positive things about following protocol and getting a permit is that an inspector will come out to your site and inspect the construction. The inspector will identify if there is a safety risk and how to go about fixing it.

How high does a deck need to be to get a permit?

If the deck is not being attached to anything and is 30 inches or higher it will also require a permit.

What information is needed for a deck?

Length, width and height of the deck will be required as well as where you are placing your beam (s). Other information potentially needed are:

Why do you have to tear down a deck?

Just think of all the money and time spent constructing a deck only to have to tear it down because it doesn’t meet code and is a safety risk.

What is Eugene's passion?

He is passionately interested in home improvement, renovation and woodworking.

What happens if your construction plans are incorrect?

The plans are incorrect – If your construction plans aren’t drawn up properly, the LADBS may request that you make some changes , which could be in the form of modifications or additions to the current plans. In many cases, the LADBS will allow you to correct the construction plan without formally denying the application, which can save you time and money. Working with a contractor or permit expediter reduces the likelihood that your project faces delays during the permitting process .

What happens if you build a deck without a permit?

In fact, there are six separate consequences that you could face. The first is that your project could be shut down immediately. If the city finds that you’re building a deck without a permit, a “Stop Work” sign could be placed on the door to your home.

Why do you need a permit for a deck?

Because of the construction requirements and general size of any deck, a permit is needed to ensure that the finished product matches the city’s safety standards and regulations. Obtaining a permit is also a great way to ensure that the deck is structurally sound and will hold up in all conditions. When built correctly, ...

What happens if you don't get a permit?

The sixth and final consequence that you could encounter if you don’t seek a permit is that you could be tasked with making repairs or tearing down any work that you’ve performed to this point. If an aspect of the project doesn’t adhere to local building codes, you will likely be tasked with making alterations or extensive repairs that only serve to cost you more money. If some or all of the work needs to be demolished, the expenses can be high, which may make the project cost-prohibitive.

Can unpermitted work affect your ability to sell your home?

Keep in mind that unpermitted work can worsen your ability to sell your home once it’s placed on the market. Many banks and financial institutions are wary about providing buyers with mortgages for homes that contain unpermitted work. The reason for this wariness is because the unpermitted work may not match local building codes and regulations, which could place members of the home at risk.

Can a deck be denied?

In general, there are only two separate reasons why a permit would be denied in this situation. These reasons include:

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Why do we need permits for decks?

Permits are issued by governments to ensure that any outdoor building project adheres to building codes, which are in place to ensure structures are safe. Cities, municipalities, and HOAs may also regulate additions and structures based on how the look will affect the neighborhood. The first step in your project should be to familiarize yourself with the various permits you need to secure to build your deck.

How high should a deck be off the ground?

As a simple rule, you need a permit for any deck that is higher than 30 inches off the ground. This rule applies to most decks. Anything lower than 30” is often considered a patio or “porch deck,” and no permit is required. The reason for this and the reason for many of the other permissions you’ll have to wade through is safety. Any deck higher than 30” requires deck railings – and these railings must adhere to certain rules as well.

What is the minimum deck size for a deck?

Of course, this rule may change based on your location, but 30” is the standard. Any deck that exceeds the 30″ rule is going to need to be permitted and built to standards set forth by the municipality, city, and state. The permitting process is a simple matter of taking the time to research which permits you need and what parameters must be met to secure approvals.

What is the standard height for deck railings?

The reason for this and the reason for many of the other permissions you’ll have to wade through is safety. Any deck higher than 30” requires deck railings – and these railings must adhere to certain rules as well. Of course, this rule may change based on your location, but 30” is the standard.

What is important to consider before building a deck?

Before you get started, it is important to consider not only what you want your deck to be built out of but how exactly the law needs you to build your deck. Larger decks often face strict regulations at the state, city, and municipality level. Which can, on the surface, make the building process seem a lot more complicated than it actually is.

Is it easy to build a deck?

Building a deck can be quick and painless, especially with help from our decking experts. Familiarizing yourself with the various laws and permits required for outdoor decking in your area will save you a major headache in the future.

Is permitting a process?

Navigating the permitting process can be a bit of a process – but we can help.

Do All Decks Require Permits?

Technically speaking, no. When it comes to decks that are below 30-inches above grade, it may be difficult to get a consistent answer. Depending on where you live and local codes, you may need a permit for your deck, or you might not.

What is the first step in deck building?

The first step in your deck building project is to acquaint yourself with all the various permits that are required.

Why do we need permits for decks?

Although the permitting process is complicated, there is a reason that permits are required – to ensure that your deck is constructed safely and has a long lifespan. Permits are required by governments to guarantee that building projects adhere to building codes, which are established to ensure the safety of structures.

Why is it so complicated to get a permit?

The primary reason why permitting can be so complex has to do with the fact that homeowners must engage in multiple processes to secure approval. Cities, states, local municipalities, and even some homeowner’s associations typically require permits and those particular permits have varying regulations and rules.

How far can a deck be from a house?

Since decks aren’t described in building codes for safety distance, they have separate rules, though they can be as close as 5 feet in distance.

What is the penalty for building a deck without a permit?

If you elect to build your deck without securing a permit, the penalty fine could be $75,000 or more, depending on the location and a variety of aspects of the structure itself .

What to include in a deck plan?

Each plan will have to include visual details or notes for how guard rails, footings, ledger boards, and stairs will be installed. Be prepared to identify the grades and types of materials that you will use for the rails, decking, and framing as well as the kinds of fasteners and hardware that will be used.

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