Do i need a permit for a deck not attached to house

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.

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.

Before you start building, know that you’ll probably need a permit. Read on for everything you need to know about permits for building a deck—and why you shouldn’t skip this important step.

Why Do I Need a Permit?

Some may think that putting in a deck is like any other DIY home improvement project, most of which don’t require any special license or permit. However, most decks do require a permit because of their size and construction requirements.

A permit will ensure you comply with local regulations. Building without the proper permit means you could face fines or even be unable to sell your house because it contains an unauthorized addition.

Additionally, a permit ensures that you build a structurally-sound deck. It will prevent injuries and damage to the foundation of your home—and keep everyone on top safe.

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. 

In rare cases, you may not need one. For instance, a deck that meets the following criteria usually does not need a permit:

• Has an area of less than 200 square feet
• Is below 30-inches above grade
• Is not connected to the home
• Does not serve as the home’s exit door

Unless you’re planning a deck that fits these specific requirements, you will most likely need a permit.

How to Get a Permit

The application process will look different depending on where you live. Generally speaking, the process involves a few different steps.

First, contact your city’s Building Inspections Department. You can do this by visiting your city hall or finding the contact information via a quick Google search. 

Once you contact your city’s department, they will tell you how to proceed. They should tell you the requirements for building a deck in your area. They should also tell you what documents you need to apply for the permit.

You’ll need to submit an application along with two copies of your construction plans and a site plan. 

Two Copies of Construction Plans

You’ll need to submit two separate copies of your construction plans. These scale drawings should show an overhead view of the deck. You may also need to submit an elevation drawing that shows the deck from the front or side. 

The construction plans should include information like: 

• The sizes, spacings, and locations of the beams, joists, and frost footings
• Descriptions of how you’re going to install the stairs, guard rails, etc. 
• The types of fasteners and hardware you’re going to use
• What kind of materials you’re going to use

You can make these plans yourself with ¼-inch graph paper. However, it might be tricky to make an acceptable plan without professional help. 

Many homeowners hire contractors to draw up the construction plans. This is often the best of both worlds. A professional draws up the plans with computer software, and you can still build the deck yourself to save money.  

A Site Plan

You’ll also need to submit a site plan. To make a site plan, start by finding your home’s professional property survey. If your home was built after the 1980s, it will likely have this document with its closing papers. 

Can’t find the document? Ask your Building Department if it has a copy you can have. If you still can’t find it, you may need to hand-sketch a property survey. 

Once you have a property survey, use it to draw your deck to scale. Note the distances between the deck and property lines. 

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. Some neighborhoods require a certain amount of space in between properties for aesthetic reasons.   

What Happens If I Neglect to Get a Permit?

If you don’t get a permit when you need one, you may be on the hook for more than just fines.

For one, an improperly constructed deck can be dangerous. You or others might get hurt walking on it because of an unstable foundation or poor materials.

A deck built without a permit could also lead to legal troubles. The city might:

• Give you a hefty fine
• Require you to tear down the deck 
• Prevent you from selling your home until the problem is resolved

What If I Hire a Contractor? 

Many homeowners decide to forgo the DIY route and hire a contractor to save on time, money, and stress. Licensed contractors face the same permit requirements as homeowners when building a deck.

A contractor can face consequences for building without a permit, but you may also have to deal with trouble if your home is found with an unpermitted deck. A qualified contractor should be able to take care of the entire permit process, but you can ask before they begin the construction process to provide you with a copy of the permit.

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.

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Michelle Day

Michelle has been with us for about 5 years now, sales at the Corporate Office. You can have them say something along the lines of how Michelle is positive and upbeat and makes sure to see our customers through on their jobs from start to finish. She is detail-oriented and acts almost like a Project Manager on the jobs to make sure everything goes smoothly.

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