Permits and inspections for decks exist because decks are structural elements that carry people — and deck collapses cause serious injuries and deaths. The inspection process is how a qualified building inspector verifies that a deck was built to code before it’s used. Skipping permits doesn’t just create legal risk — it means the structural adequacy of your deck has never been independently verified.
“Every deck collapse investigation I’ve read about involved either no permit, an uninspected deck, or both. The permit and inspection process exists specifically because decks look fine on the outside while structural failures develop invisibly at the ledger, in the footings, and at the connections. The inspector catches those problems before anyone gets hurt. That’s the whole point.”
— Brendan Tse, licensed carpenter and deck construction specialist with 17 years of experience in residential deck and outdoor structure building in the local area
Deck Permit Questions
Does this deck require a building permit?
In many regions, the applicable building code requires a building permit for most decks. The specific thresholds vary, but generally a building permit is required for:
- Any deck more than 600mm (approximately 24 inches) above adjacent grade
- Any attached deck, regardless of height
- Any deck that includes structural elements like covered roofs or pergolas
- Any deck that will support a hot tub
Free-standing ground-level decks below the height threshold may not require a permit — ask your contractor to confirm the specific requirements for your municipality, as local bylaws sometimes impose stricter requirements than the OBC minimum.
What a good answer looks like: A specific answer about local permit requirements, not a generic “I think we’re fine.”
Who applies for the permit?
The building permit should be applied for by the contractor, not the homeowner. The contractor is responsible for submitting the required drawings and specifications and for coordinating with the building department.
If a contractor suggests the homeowner pull the permit as the “owner-builder,” understand that this designation comes with legal responsibilities — you’re effectively certifying that you’re overseeing the construction yourself. This may affect your insurance coverage and your ability to pursue the contractor if something goes wrong.
What a good answer looks like: “We apply for and manage the permit. It’s our responsibility.”
What drawings or documentation are required for the permit?
Deck permits typically require a site plan showing the deck location relative to the house and property lines, and a construction drawing showing structural elements — footing layout, beam and joist sizes, ledger attachment detail, and railing design. Ask what documentation the contractor is preparing for the permit application and whether you’ll receive copies.
What inspections are required, and when do they happen?
Deck inspections typically occur at two or more stages:
Footing inspection: Before concrete is poured, the inspector verifies footing diameter, depth, and location. This is the most critical inspection — it’s your only opportunity to verify that footings will extend below the frost line before they’re buried.
Framing inspection: Before decking is installed, the inspector verifies beam sizing, joist spacing, ledger attachment, and post-to-beam connections. Another critical inspection — framing problems are much easier to correct before the decking surface covers everything.
Final inspection: After the deck is complete, including railings, stairs, and all finishes, the inspector issues final approval.
Ask specifically when each inspection is scheduled and whether you can be present. The footing inspection in particular is one you should try to witness.
What a good answer looks like: A specific inspection sequence with the contractor committing to schedule each inspection at the right stage and notify you in advance.
Fence Permit Questions
Does this fence require a building permit?
Fence permit requirements vary significantly by municipality. Generally:
Height thresholds: Many your region municipalities require a permit for fences above 1.8 meters (6 feet) in the rear or side yard, and above 0.9 meters (3 feet) in the front yard. Check with your specific municipality.
Special conditions: Fences near road intersections may have visibility restrictions. Fences near utility easements may be restricted. Pool enclosures have specific fence height and gate requirements under regional safety legislation.
Ask the contractor to confirm the permit requirements for your specific municipality and fence design.
Are there any easements, rights-of-way, or utility corridors that affect fence placement?
Many properties have registered easements — utility corridors, municipal drainage easements, or access rights — that restrict what can be built within them. Installing a fence within an easement may require the fence to be removed at the property owner’s expense if the utility or municipality needs access.
Ask the contractor whether they’ve reviewed the property for easements and how fence placement avoids them.
Will underground utilities be located before posts are installed?
Before any post is driven or drilled, underground utilities must be located. In many regions, contractors must call your local utility locate service (1-800-400-2255) before excavating. Ask the contractor to confirm that utility locates will be done before any post installation begins.
What a good answer looks like: “We call your local utility locate service before every post installation. It’s the law and it’s non-negotiable.”
Is the property line confirmed?
Installing a fence on or over a neighbor’s property line is one of the most common and expensive neighborhood disputes. Ask the contractor how the property line will be confirmed before the first post is set.
What a good answer looks like: Confirmation from a survey plan or survey markers, with the contractor placing fence posts clearly within the property boundary.
Related Questions
- Questions to Ask a Deck or Fence Contractor Before You Hire One
- Questions to Ask a Deck Contractor About Materials and Structural Design
- Red Flags When Hiring a Deck or Fence Contractor
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