Do You Need a Permit to Build a Deck?

Are you considering building a deck to enhance your outdoor space in Southwestern Ontario? Before starting, it’s crucial to understand whether you need a permit. Many homeowners like you overlook this step, and failing to obtain the proper permits can lead to costly mistakes, legal issues, and delays.

So, do you need a permit? The short answer is Yes, most of the time. If your deck is attached to your house, is over a certain height, or involves structural changes, you’ll likely need a permit. But don’t worry—if you’re building a smaller, freestanding deck or one under a specific height, you might be in the clear.

In this article, we’ll explain everything you need to know about permits for deck construction, why they are necessary when needed, and how to navigate the process smoothly. Let’s ensure your deck project is beautiful and compliant with local regulations, avoiding potential legal hassles and costly fines.

Why do you need a Permit in Southwestern Ontario?

The Ontario Building Code and Zoning Laws are there to make sure buildings, including decks, are safe and strong. These rules set clear standards for how decks should be built, and getting a permit is the first step in making sure your deck follows these rules. A permit ensures your deck is safe and built properly while also protecting you from possible legal, financial, and safety issues. If you skip getting a permit for your deck, you could fail inspections and face serious problems, such as:

• You may face legal action, with a report filed against you.
• You will be ordered to stop or destroy the construction, leading to costly delays.
• You may be required to alter or remove the non-compliant deck or possibly the entire deck, which could lead to additional costs.
• You may be subject to a costly fine. According to Ontario’s website, a person found guilty of an offence can be fined up to $50,000 for a first offence and up to $100,000 for later offences.
• Selling your home may be impacted if the deck lacks a permit, potentially lowering its value.
• Insurance companies will not cover the bill if someone gets injured because of a deck built with no permit.

When do you need a permit for decks?

A permit is required for deck construction in the following situations:

• When the deck is attached to your home or any other structure on your property.
• If the deck is not attached to any other structure, including your home, but is over 30 inches (about 2.5 feet) or higher off the ground.
• When you plan to add a roof or enclosure to an existing deck.
• If the deck is over 600mm (about 2 feet) high above the ground.
• If the deck has an area greater than 10 square meters (approximately 108 square feet).
• A permit is required if you plan to make structural repairs or renovations to your existing deck, such as replacing support posts or beams.

A permit is necessary for deck projects that involve attachment to existing structures, significant height or size, or structural changes. Before beginning construction or major renovations, check with local authorities to ensure your deck complies with building codes and regulations.

Are there decks that don’t need a permit?

Generally, you don’t need a permit in the following conditions:

• If your deck has a height less than 600 mm (2 feet/ 24 inches).
• There is no roof above it.
• It is not attached to your house or another structure on the property.
• It is less than 108 square feet in area.
• If the deck isn’t too close to the property lines
• It has a space of 4 feet or 1.2 meters from all other existing buildings.

Important note: Even if your deck doesn’t need a permit, it must comply with the Ontario Building Code and your local municipality’s zoning by-laws. You should construct a deck that is secure and safe for everyone. An inspector can still inspect it for other safety measures ( like guard rail height and other requirements). Always contact your local building department to confirm the specific requirements for your area.

What are the steps to get a permit in Ontario?

Step 1: Prepare the necessary documents

Complete the application form: Fill out the “Application for a Permit to Construct or Demolish,” used across Ontario. You can obtain this form from your local municipality or the Ministry of Municipal Affairs and Housing’s website.

Site plan: You should create a detailed drawing showing your property boundaries, existing structures, and the proposed deck’s location, along with the dimensions of lot lines.

Construction Drawings: Detailed plans of the deck, including:

• Plan view: The layout shows posts, floor joists, beams, and stairs.
• Elevation view: Side view indicating the deck’s height, guard details and footings
• Cross-section: detailed view illustrating construction components and materials.

You should ensure that drawings are to scale, fully dimensioned, and clearly labelled. As a property owner, you can design and produce your own drawings that meet standards.

Step 2: Submit your application

Submit your completed application form and all supporting documents to your local building department. Many municipalities offer online submission portals.

Step 3: Pay applicable fees

Building permit fees vary by municipality and project scope. You should contact your local building department to determine the costs and payment methods accepted.

Step 4: Await application review

The building department will review your submission to ensure compliance with the Ontario Building Code and local zoning by-laws.

Step 5: Obtain your permit and begin construction

You’ll receive your building permit after your application and documents are approved. This will allow you to commence deck construction. You should post a permit visibly on-site during the building process.

Step 6: Schedule Required Inspections

You must schedule inspections at various stages throughout construction to verify compliance with approved plans and building codes. Common inspection stages include:

Footing Inspection: After holes are dug but before concrete is poured.
Framing Inspection: Once the structural framework is complete.
Final Inspection: Upon project completion.

Conclusion

Building a deck can improve the appearance of your home, but it’s important to meet quality standards set by the related laws in Ontario. It is essential to know when the permit is required and when it is not required. Getting a permit ensures your deck meets safety standards and avoids costly issues later. If your deck is attached to your home, too high, too large, or involves major changes, you’ll likely need a permit. Even if it doesn’t, safety should always come first.

Following the permit process prevents fines, delays, or problems when selling your home. These steps will help ensure your deck is safe, compliant, and ready for enjoyment.