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Do I Need a Permit to Build a Deck?

10/24/2017
Do I Need a Permit to Build a Deck?

Ready to build that new 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.

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.

You may be asking: do I need a permit to build a deck? The simple answer is…maybe.

The 30” Rule

As a general rule, you need a permit for any deck that is higher than 30 inches off the ground. This guidance applies to most decks. Anything lower than 30” is often considered a patio or “porch deck,” and a permit is typically not 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.

Of course, this rule may change based on your location or type of deck, but 30” is the typical standard. Any deck that exceeds 30″ 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.

State, City, Local

Part of the complexity around permitting is due to the fact that homeowners may have to navigate multiple processes for securing approval. States, cities, local municipalities and even HOAs often require permits and those permits often contain varying rules and regulations. As complex as the process can be, permits are in place for a reason, to ensure your hardwood deck leads a long and most importantly, safe, life.

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.

Permit Primer

If you live in California – particularly in the San Diego area – study up on the following permits before you get started on your new deck. If you’re reading this from another part of the country, your local permits may differ slightly, so make sure to dive into your local ordinances.

The California Building Standards Code

Any building, structure or addition in California is subject to these regulations. No matter where you live in the state, it’s a good idea to familiarize yourself with these rules. For outdoor building and home projects, check out the California Residential Code, which is organized by chapter and available online in a surprisingly simple to navigate format. If you want to go straight to the section on decks, click here.

City of San Diego, Residential Decks

Now that you’ve reviewed the California State permitting rules and regulations, it’s time to review your plan with the City of San Diego. This guide covers the rules around residential deck building in detail and even contains handy charts that let you know what measurements are needed depending on the size of your deck and the type of wood used. Also included are illustrations that show how decks should be built to stay within code.

For those who live in unincorporated San Diego County, refer to this document – an even simpler version of the city’s permit rules.

Remember, it is the home owner’s responsibility to verify if and when a permit is required, always check with your local building department.

If you have questions contact us or stop by a J&W Lumber location !
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Mike Bland
Mike Bland
6 years ago

In the city of Oceanside I had to get a permit on a deck less than 30” of the ground because it was more than 120 sq.ft.

Dan Clark
Dan Clark
6 years ago

I have a deck off the second floor of my home in Carlsbad! I had it built in 2001 by a licensed contractor and had a permit issued! My question is, the cement slap (patio) underneath the deck is open and I would like to have it enclosed with glass sliding doors! Do I need a permit to simply enclose an existing deck?

Gordon D Scholte
Gordon D Scholte
6 years ago

Building a ground level deck in Fallbrook (not more than 12 inches above ground), not attached or even close to the house, not over anything but dirt (no structures, septic etc. underneath). May be 300 – 400 sf. Any issue?

Gordon

Breana
Breana
5 years ago

Wow! such a great information about fence this is very helpful!

Dylan Peterson
Dylan Peterson
5 years ago

It’s good to know that you need a permit to build a deck if it’s more than 30 inches off the ground. My sister has been telling me about how she wants to get a deck installed to round out her backyard. I’ll share this information with her so that she can look into her options for professionals who can help her with this in the future.

Kyle
Kyle
4 years ago

So important to get the proper permits. Don’t want to have to take down a deck simply because it’s not up to code. Working with the right deck contractor will help since they will be familiar with the ins and outs of this. Great info, thanks for the post!

Corrine Baker
Corrine Baker
4 years ago

Do I need a permit to add a privacy fence to one side of my raised deck. And, is there height maximum that must be adhered to?

Michelle Bayer
Michelle Bayer
4 years ago
Reply to  Corrine Baker

Hi Corrine!
It depends on your local state and county regulations and rules, some areas do and some areas don’t. Your best bet is to search on the internet using your city and state and “building permits needed”- if you are in San Diego we would love to help you out, you can visit any of our 6 locations or give us a call and our knowledgeable team can help out.
Thank you for reading our blog!!
Happy Building!

GIL
GIL
4 years ago

Such an informative post totallynew to all of this. Thanks for sharing!

ALEXANDRA
ALEXANDRA
4 years ago

I love all of this information and they are so simple and easy to implement! Thank you.

Michelle Bayer
Michelle Bayer
4 years ago
Reply to  ALEXANDRA

Thank you Alexandra! Happy Building!

Scotty Smith
Scotty Smith
4 years ago

Hello,

Thank you Michelle for this great information and replying to everyone above! It appears that I would not need a building permit for my propose platform or deck because it would be less than 30 inches above grade.

However, I think we still need to follow zoning requirements? Possibly… IDK.

According to this: https://www.sandiegocounty.gov/content/dam/sdc/pds/zoning/z4000.pdf

Uncovered, unenclosed porches,
platforms or landing places not
extending above level of first
floor with exterior access of
building and not more than 30
inches above grade.

Are pretty much permitted in all (Front Yard, Exterior Yard, SideYard.)

My issue and/or question is regarding the extending above first floor.

The deck and or platform that we are looking to create would be on the flat portion of a hill behind our house. This hill is much higher than the first floor.

Is there any issue with building a platform or deck on a hill that is above the entire height of the home?

Michelle Bayer
Michelle Bayer
4 years ago
Reply to  Scotty Smith

Hi Scotty! That’s a great question- I will get with my team and get back to you with you ASAP- thank you for reading!

Michelle Bayer
Michelle Bayer
4 years ago
Reply to  Scotty Smith

Hi Scotty- Thanks for the great questions- after a little research we recommend you call the local building department for what the department would (or would not) require for their specific application. This situation might be a little tricky!! Give a call at our local store and we can set up some quotes for you and answer any other questions you may have https://www.jwlumber.com/contact/

Jowill Bridges
Jowill Bridges
4 years ago

Do I need a permit to build a front porch size 17′ high 10*12 that serves to enter my home in fountain colorado?

Vee
Vee
4 years ago

Located in Santa Paula. My stairs outside to my mobile are rotted! I’ve been told ill need a permit to replace them. Is this true? But also told if I “fix ” them I won’t. That doesn’t seem right.

Jely
Jely
4 years ago

Have actually been hearing about this but didn’t quite know what it was but now that you mentioned it, I’d sure it will help me a lot.

Dolores Bielle
Dolores Bielle
4 years ago

I would like to add a deck to an existing porch on our house. However, there is a leach field that runs parallel to the house. My question is this: what is the legal distance that can we build the deck outward
from the entrance to a porch to the leach field?

borche
Admin
borche
4 years ago
Reply to  Dolores Bielle

Hi Dolores-
I would check with your local city to find out the legal restrictions when building something like that- they should be able to steer you in the right direction!
Happy building!

Annie
Annie
4 years ago

This is a house in San Francisco. It has a roof terrace which can be accessed from the bedroom. The wall is about 30″ high. If we want to add a rail guard to make it 42″ high, do we need a permit to do that?

Carl Prescott
Carl Prescott
4 years ago

I’m currently building a second-story deck at my house in Vista. Everywhere I’ve looked online, it appears that the guard posts (for the railing) need to be within 6 feet from each other. The Vista deck guide says 3 feet. That seems awfully close but I haven’t had luck contacting someone at the city who can give me a definitive answer. Hoping someone here might know!
Thanks!

borche
Admin
borche
4 years ago
Reply to  Carl Prescott

Hi Carl-
We would love to help you out, can you give our San Marcos location a call at (760) 727-1510 and we can talk about railing regulations for Vista.
We look forward to speaking with you!
Happy Building!

Katherine
Katherine
3 years ago

Thanks for the helpful informations. As a resident of San Diego County (Encinitas, specifically), I am slightly confused by the conflicting language in three of the linked documents. One says: “Decks not more than 30 inches above grade and not over any basement or story below do not require a building permit,” whereas the other says “A building permit is required for any residential deck that exceeds 200 square feet in area, when located more than 30 inches above grade at any point, when attached to a dwelling, or when it serves as the main exit door.” The third, the ADOPTIVE ORDINANCE BUILDING PERMIT REQUIREMENT EXCEPTIONS, states: “Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below” are exempted from permits.

What I am confused by is the difference in language around decks that are 200 sq feet or larger. Is a permit only required when the deck is over 200 sq feet **AND** 30 inches above grade (or the other things listed like attached to a dwelling, etc)? The first statement seems to contradict this by stating that as long as you’re not over 30″ above grade, a permit is NOT required. It does not stipulate size. The third document says explicitly that platforms, walks and driveways that are not more than 30″ above grade are exempted from requiring a permit.

I ask as we are looking at putting in a deck patio area in our back yard that will be less than 30″ above grade and is larger than 200 sq feet. There is no slope nor would the deck extend within 5 feet of property line, or be attached to any existing structures. It is simply a platform deck on a flat grade in our backyard. I am confused as to whether we need a permit based strictly on size (ours would be roughly 400 sq ft). Any input?

briangonzales
Admin
3 years ago
Reply to  Katherine

Hi Katherine:
Thank you for your inquiry. We always recommend that homeowners check with their local municipality since requirements can vary from city to city.
In the example you accurately noted, the COUNTY of San Diego permit document states “Decks not more than 30 inches above grade …do not require
a building permit.” And this is different from the CITY of San Diego requirements.

Here is a link to the Encinitas building permit website. It appears The City of Encinitas has adopted the 2019 California Building Standards Code, with local amendments. So, we recommend you clarify with the city related their rules regarding 30″ decks. https://encinitasca.gov/Government/Departments/Development-Services/Planning-Division/Building-Permits

We hope this helps clarify your inquiry and hope you enjoy your deck project.

John
John
3 years ago

Can you clarify the 30inch rule, measure from grade to where on the deck?

briangonzales
Admin
3 years ago
Reply to  John

Hi John: The municipalities that have the 30 inch rule typically measure from grade to the top of the deck board.

MichaelChudzik
MichaelChudzik
3 years ago
Reply to  briangonzales

What if the grade is irregular? Is it the medium height, or the highest single point below the deck?

briangonzales
Admin
3 years ago
Reply to  MichaelChudzik

Hi Michael: We always recommend you confirm with your local building department. Typically the 30″ rule applies to the tallest part of the deck, meaning if someone fell off the deck at any point the fall would be no more than 30″.

MomMac
MomMac
3 years ago

I have a neighbor that built a second story 200+ sq foot deck which now over looks my backyard. I feel very violated in that they can see what I am doing in my own yard when they stand there looking at me. It is my understanding that anything that invades a neighbors privacy must have the permission of that neighbor. Also, I do not see a building permit posted; how can I find out if one was obtained?

kenneth riviere
kenneth riviere
2 years ago

This is absolutely not true. Any deck connected to the home, that requires a footing, has a new set of steps or has a new railing needs to be inspected to make sure it meets current building code requirements. This article is falsifying true information for homeowners trying to gather the correct information. Take this BS down

briangonzales
Admin
2 years ago

Hello Kenneth:
Thank you for the feedback. The first line of the County of San Diego’s Planning and Development Services deck permit information sheet reads “Decks not more than 30 inches above grade and not over any basement or story below do not require a building permit” https://www.sandiegocounty.gov/content/dam/sdc/pds/docs/pds044.pdf

Although there are some instances and some jurisdictions that do require a permit regardless of height or size, we see some jurisdictions indicate that decks below 30″ do not require a permit, some but not all jurisdictions. As always it is up to the individual home owner to confirm with their local building department permit requirements.

We would appreciate any sources you can send us that clarify that all decks require permits. Thank you again!

Kenneth Riviere
Kenneth Riviere
1 year ago
Reply to  briangonzales

Every single state that you install footings for any structure needs to be inspected. If you attach the deck to the home it has to be inspected. If you frame the deck the framing has to be inspected. Why you may ask? Because it’s code. I hold a GC license in seven states currently along with being a GC in NYC. If you build a deck it needs a permit most important reason is it’s permanent and will reflect on a new survey. If you try to sell your home and it’s not a permitted structure you will be giving an allowance to the buyer. 30 years of building experience says this

Luan
Luan
2 years ago

If my deck is 20″ off the ground. But there are 2 steps from the patio door down to the deck. The first step area is 15sq ft and is 34″ off the ground. Please see the attached picture. Do I need a permit for this? Thanks

deck top view.png
briangonzales
Admin
2 years ago
Reply to  Luan

Hello Luan: You will want to confirm with your local municipality; typically the heights you have listed do not require a permit because there is no drop off more than 30″ above the ground. Hope your deck comes out great! We are here to help.

sharona48
sharona48
2 years ago

Im in Norwalk Ct I want to put a 30 inch off grade high deck and its 40 square ft. The city says I still need a building permit!