It’s every homeowner’s dream to have their own deck without the unwanted paperwork and hassle, but is it possible? Can you build a deck without a permit?


Quick answer: Yes.


But what size deck can you build without a permit? In this article, we’ll find out the answer.

Let’s look at the size restrictions, design guidelines, and everything you need to know to avoid permits and still follow the city rules.

What size deck can I build without permit?

The biggest size of deck that can be built without a permit is 200 square feet.

However, deck design and height should also be considered when planning permit-free projects.


According to the International Residential Code (IRC), decks won’t require a permit if they:

  • Are less than 30 inches above ground
  • Not attached to the home
  • Not located near the main exit doors

Consider freestanding or floating decks located near either a garage or bedroom door to keep the project permit-free.


However, the building codes and regulations of local governments come before the IRC, so check the state rules before starting a deck project.

How to ensure your permit-free deck is within code

Going permit-free doesn’t mean violating local building codes. Build a deck hassle-free with these tips:

1. Use permit-exempt smart design choices.

To avoid permits, keep the design simple and lightweight. It’s a good idea to opt for a single-level deck with an open design.


Additionally, use lightweight deck materials. Composite, aluminum, and PVC are the top picks.


Avoid adding permanent fixtures, like roof, pergola, or plumbing and electrical systems. Built-in seats and planters add to the total weight, so skip them to ensure that the deck stays within weight limits.

2. Obtain planning permission when necessary.

A planning permission is a permit that ensures compliance with setback requirements and zoning laws.


Securing this permit is necessary if the deck is close to property lines and goes beyond the allowed lot coverage.

3. Prepare a site plan.

A site plan is one of the deck permit requirements, but it’s also a good tool for permit-free projects.


For one, it clearly outlines your deck design, showing the building department the size, dimensions, and exact location in relation to your home.


Second, it gives a clear visual of the project and can serve as a construction roadmap that will guide the construction team and keep the project on track.

4. Keep construction-related documents for future reference.

Always keep a copy of important documents, like site plans, deck plans, and planning permission. Additionally, save all correspondence with local authorities.


These records not only serve as proof of compliance but also ensure smooth inspections and protect you from possible disputes in the future.

Build a deck within code with MySitePlan

If your deck design didn’t pass the permit-free criteria, getting proper permits is an essential step.


What happens if you build a deck without a permit? Skipping the required permits may lead to compromised safety, fines, and penalties. Unpermitted work can also affect the value of the home and its insurance coverage.


Don’t take shortcuts. Getting a building permit is crucial in avoiding future problems.


MySitePlan is here to simplify the most challenging part of the permitting process—preparing the site plan.


We offer various site plan packages that fit the budget and project needs of both homeowners and deck builders. Get in touch with us and let’s find the right plan for your deck project.

Key takeaways

  • You can build a deck without a permit, as long as it isn’t larger or taller than regulations allow.
  • The biggest deck you can build without a permit is 200 square feet. It also needs to be less than 30 inches tall.

  • Location also makes a difference in the deck planning process. To build a deck without a permit, it should not be attached to your house and should not be located near the main exit doors.

  • To avoid permits, choose a single-level deck with an open design. Avoid adding permanent fixtures like a roof or electrical system.

  • Before starting your deck project, familiarize yourself with local building codes, because they vary significantly from state to state.

  • You should obtain planning permission when necessary. Planning permission ensures compliance with setback requirements and zoning laws.

  • A site plan is useful for situations where a permit is and isn’t necessary. It provides a clear visual of the project, acting as a construction roadmap.

  • If you do get a permit for your deck, keep a copy. Keeping copies of site plans, deck plans, planning permission, and correspondence with local authorities can help with inspections and protect you from potential disputes.

Deck permit FAQs

Do you need a permit to replace or repair a deck?

If the replacement or repair doesn’t vary from the location and size of the old deck, you may not need a permit.

However, you should check with your local authority to be 100% sure. Codes may have been updated since your deck was installed, and new requirements may be in place.

Do I need a permit to remove a deck?

In some cases, you’ll need a permit to remove a deck.

If your deck is attached to your home or exceeds a specific size, you may not be able to remove it without proper permits. You should contact your local authority to check their policies on deck removal.

Do you need a permit to extend a deck?

You might need a permit to extend a deck — it depends on how big your deck is to begin with and how big you plan to make it.

You can build a deck without a permit as long as that deck is no larger than 200 square feet and no more than 30 inches off the ground. If your existing deck or deck extension exceeds these measurements, you will need a permit to extend it.

Do you need a permit for a floating deck?

It depends. If the floating deck is within the criteria for permit exemption, there’s no need to obtain permits.

Disclaimer: Deck permit requirements vary depending on the city, so make sure to verify the rules with the local authorities.

What happens if you build a deck without a permit​?

If you build a deck that needs a permit without obtaining one, you may face fines and potential legal action. You may also be required to demolish your deck, wasting the time and money you invested in the project.

How do I get a permit for a deck already built​?

A permit authorizes construction work or changes to an existing structure. Ideally, you would get a permit before starting any construction work.

However, if the work on your deck is already complete, you can seek a permit by first contacting an inspector for a courtesy inspection. They can look at your deck and tell you what (if anything) needs to be changed before you apply for your permit.

Once you know your deck is permit-ready, you can apply for a retroactive permit. To do this, you need to submit site plans and documentation relating to your deck to your local authorities. An inspector will review your documentation and inspect your deck to ensure everything is in order before issuing your retroactive permit.

How do I draw deck plans for a permit​?

You can draw your own plans for a deck permit. However, creating plans on your own can be challenging without the right software or expertise.

A great alternative is working with a site plan provider like My Site Plan. Simply send over the details of your project, and we’ll use additional satellite and GIS-based measurements to create a detailed deck plan in under 24 hours.

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