YOU WILL NEED A BUILDING PERMIT to build a new deck or porch or REPLACE your deck. According to IRC (International Residential Code) 2018, the exceptions are if the proposed deck is on the ground or less than 30″ in height, it is less than 200 SF, and it does not connect to the house.
In all other cases, a deck or a porch is considered an addition to a home. It, therefore, requires permits and inspections to ensure compliance with the minimum standards set by the IRC Code for safety and to build correctly, in addition to county zoning regulations, easements, and HOA restrictions.
If a contractor tells you, “We are just changing the decking and railing over the existing deck” and “we do not need a permit” pay attention. Regardless, of what they tell you, these are structural modifications by changing the thickness and attachment of the floor decking and how the posts are attached to the deck.
Pulling a permit may add extra time to the process, but in general, it is a straightforward process in many cases if the deck is smaller than 400-500 sf. Depending on the County) the permit will qualify as a Fast Track project, which means you can obtain the permit quickly.
Building your deck or porch is best done by pulling a permit from a trusted and experienced contractor. A professional and licensed contractor won’t tell you, “We do not need a permit” which may be a sign that those contractors are not licensed, therefore, cannot pull a permit.
DO NOT RISK YOUR INVESTMENT, and it is not worth it. When you get a permit, you are covering yourself legally. You can suffer severe consequences for not doing so and, without knowing it, become the owner of an unsafe deck or porch. Five (5) out of ten (10) decks in the USA are either non-compliant with current codes or are older than 15 years, well beyond their average lifespan. DO NOT OWN a life hazard for your home and loved ones.
Without a building permit, you risk being fined or facing other consequences if you choose to move forward with your project. Therefore, it’s best to take precautions and abide by the appropriate permissions that local authorities require.
WHAT THE CONSEQUENCES ARE FOR NOT PULLING A PERMIT FOR A DECK OR PORCH?
What happens then if you proceed with a deck or porch project without a permit, badly advised by a contractor saying, “YOU DO NOT NEED A PERMIT” and an inspector shows up at your property?
SHUT DOWN OF YOUR PROJECT – STOP WORK ORDER
A “red or orange” stop work order sign will be posted on your door. This notice warns construction workers that they will be fined and punished if they continue. Until the problem is fixed, your project will remain in its current state.
In addition, you will need to prepare drawings and apply for a permit, adding significant time to the schedule. If the contractor is unlicensed, he most likely won’t be able to continue working on your project, and therefore, you’ll need to reach out to a licensed contractor.
YOU WILL PAY FINES
Both the contractor and the property owner may be subject to hefty fines. The price can be three to ten times what it costs to obtain the permit, depending on where you live or county(es).
YOU ARE NOW REQUIRED TO PULL A PERMIT
In addition to the fines, you’ll have to pay for the cost of the permit. In most cases, your unlicensed contractor or a licensed contractor that decided not to pull a permit (License suspension) won’t have a set of proper plans as your county requires, so you’ll have to pay for those and wait until the permit is prepared and put together. If it’s a rush job, it will cost more, and in most cases, it will set you back around two to four weeks or more.
YOU BE BETTER OFF FINDING A NEW CONTRACTOR
To obtain a permit, your contractor must have a Home Improvement License in the state where the construction occurs – MHIC in MD, DPOR in VA, and in some cases with the county (which usually means they are bonded and insured).
If your contractor does not have a license, you will need to hire another contractor with a license.
YOU HAVE TO COMPLY WITH THE CURRENT CODES AND COUNTY ‘S REGULATIONS AND FACE INSPECTIONS
An inspector(s) will come out to ensure the work done so far is up to code. If the inspectors can’t see what they need, they can require you to take apart portions to give them the necessary access.
E.g., if you’ve already had your deck installed, they won’t be able to see if the ledger board was adequately attached to the house correctly, so you may have to tear down the drywall. In addition, inspectors will be strict and demanding, and your project will most likely face increased scrutiny since it was initially unpermitted.
MAKE SURE THAT ALL CONSTRUCTION WORK COMPLIES WITH THE PERMIT CONDITIONS
Ensuring that all construction work complies with the permit conditions is essential by following the approved plans and meeting all the permit and code requirements; all construction work must comply with the permit conditions.
Suppose you do not follow the conditions of the permit. In that case, you may be subject to more fines or other penalties and the additional time and cost of making repairs; in some instances, you may even have to demolish all the work completed and start new construction.
GET A FINAL OCCUPANCY PERMIT FROM THE LOCAL BUILDING DEPARTMENT
Once the deck or porch construction is complete, you will need a final occupancy permit from the local building department. This permit will indicate that the construction project meets all the requirements and is now safe for use.
There may be some additional fees associated with getting a final occupancy permit. It’s essential to check with your local department to find out what those fees are.
INSURANCE COVERING, LIABILITIES AND WARRANTIES AT RISK
Let’s assume that no inspector or county authority showed up at your illegal construction; the issue can still come back to you when it comes time to sell the home.
Some insurance companies won’t cover the claim if a fire or other problem originates from a deck or porch constructed without a permit. In addition, manufacturers won’t warranty their products for projects not compliant with codes and building defects.
By obtaining a deck permit, you can ensure your deck is secure and complies with current codes and county regulations. You won’t have to believe what your contractor says because you’ll be sure it met and passed inspection by the county inspectors. It means that it is a safe deck or porch and that your family and investment are protected. Do not take unnecessary risks; IT IS NOT WORTH IT.
CONCLUSIONS:
Before undertaking a project, research and understand the deck or porch construction process, timelines, and all the requirements and fees involved, also, ensure that you hire a licensed contractor and comply with all local regulations.
If you’re planning on enjoying the outdoors with a deck or porch on your house, it’s essential to know when you need a permit. Here at E81 Studio, we are licensed and insured to do the work required for a deck or porch installation.
We understand that the permitting process can confuse the homeowner, so don’t hesitate to contact us for your upcoming project.
Are you ready for a Deck or Porch Project?
Please fill out the form by clicking on https://e81studio.com/contact
Rafael Antonio Huguet Lotterer, Owner of E81 Studio
Certified by NADRA (National Association of Deck and Railing) Inspector
Call us: (240) 205-3758
Or E-mail us at: info@e81studio.com
