Permit briefing

Do you need a permit for a deck?

The International Residential Code exempts a deck only at 200 sq ft or less, 30 in or less above grade, freestanding and not serving the exit door.

Written by DueRivaEditorial review: 2026-09-27Review standard

The reliable short answer

Measure from finished grade to the walking surface at the highest relevant point, then identify whether the deck touches the house.

Planning complexity

Medium

Local answer required

Yes

The model code’s answer

How high can a deck be without a permit?

30 inches above grade at any point, and only when three more conditions hold. The International Residential Code exempts a deck of 200 square feet or less, no higher than 30 inches anywhere, not attached to the house and not serving the exit door the code requires. A deck bolted to the house, or one that door opens onto, is outside the exemption at any size or height.

Where a deck needs no building permit
RuleWhat it exempts
Model code (IRC R105.2)200 sq ft, 30 in above grade, freestanding, not at the required exit door
AustinThe same four limits, and not in a flood hazard area
Los AngelesUp to 30 in above grade, not over a basement; no area limit

Austin keeps the model's four limits and adds a fifth, the flood hazard area. Los Angeles draws its own line: its code exempts platforms up to 30 inches above grade and not over a basement or story below, and says nothing of area or attachment. "At any point" means a sloping yard is judged where the drop from the walking surface to the ground is greatest, so measure there before assuming a low deck is exempt.

Houston, Phoenix and San Diego
Houston200 sq ft, 30 in above grade, detached, not the required exit
PhoenixUp to 30 in above grade, not over a room; no area limit
San Diego200 sq ft, 30 in above grade, detached, not the required exit

Every backyard exemption

A three-step permit decision

1. Measure the project the way reviewers do

Record plan dimensions, walking-surface height above grade and stair/guard locations. Sloped yards can make one edge the controlling edge.

2. Identify structural connection

A ledger-attached deck introduces flashing, fastener and lateral-load details. A freestanding deck changes those details but does not automatically remove permitting.

3. Check zoning before framing

Uncovered decks may receive limited setback treatment in some jurisdictions; covered decks can be treated more like building additions.

What Austin and Los Angeles say about a deck

Austin

No permit
A deck of 200 square feet or less, no more than 30 inches above grade at any point, not attached to the house, not an exit from it, and not in a flood hazard area.
Permit
Otherwise it goes on the city's pool and uncovered deck form, for which the city lists a review time of 5 business days.
Fees
The fee schedule names no deck line; the city says fees depend on the scope of work.

Los Angeles

No permit
A deck no more than 30 inches above grade and not over a basement or story below: the code exempts platforms of that height, with no limit on their area.
Permit
A deck higher than that, or one built over a room below, is outside the exemption and is permitted like any other structure.
Fees
LADBS bases the fee on what the deck is valued at.

What to have ready before you call

  • Length, width and maximum height above finished grade
  • Attached or freestanding structural concept
  • Stairs, guards, roof or pergola shown on one sketch
  • Parcel zoning, setbacks and easements checked

Print and take along

Deck permit worksheet

Fill in the measurements before you call or visit. Each one is a number the city’s exempt list is tested against.

Length × widthThe model code's line is 200 sq ft.
ft
Height above grade at the highest pointThe line is 30 in at any point, and above it the open sides need guards.
in
Attached to the houseAn attached deck is outside the exemption.
YesNo
Serves the house's required exit doorA deck that does is outside the exemption.
YesNo
StairsStairs bring their own rise, run and guard rules.
risers
Roof, pergola or hot tub plannedEach adds load and its own permit questions.
YesNo

Ask the city

  1. Does the city keep the model code's deck line, and does it add a flood-hazard or other condition?
  2. Which setbacks and easements apply where the deck will sit?
  3. Where the deck is more than 30 in above grade, what guard height does the city require?
  4. Which inspections come before the framing is covered?

From research to quotes

Give every bidder the same scope.

Set the size, height above grade and decking, and say whether the deck is attached or has stairs. The brief adds joist lines and decking courses, and asks each bidder to split footings, framing, decking, railing and stairs on the quote. No contact details needed; sending it on is optional.

Create deck brief

Use the dimensions, not a guess

Related field notes

Primary sources

What this page was checked against

  • 2024 International Residential Code, Section R105.2: Work exempt from permit

    International Code Council · checked 2026-09-27

    Used for: No permit for a deck of 200 sq ft or less, 30 in or less above grade at any point, not attached and not serving the required exit door.

  • Work Exempt from Building Permits

    City of Austin Development Services · checked 2026-09-26

    Used for: No permit for a deck of 200 sq ft or less, 30 in. or less above grade, not attached, not an exit and not in a flood hazard area.

  • Residential Plan Review

    City of Austin Development Services · checked 2026-09-26

    Used for: Uncovered decks are filed on the pool and deck form, with a review time of 5 business days; fees depend on the scope of work.

  • Los Angeles Municipal Code, Sec. 91.106: Permits

    City of Los Angeles · checked 2026-09-27

    Used for: No permit for platforms, walks and driveways 30 in. or less above grade and not over a basement or story below (91.106.2); otherwise a permit for any structure (91.106.1.1).

  • What are the building permit fees based on?

    Los Angeles Department of Building and Safety · checked 2026-09-26

    Used for: Building permit fees are calculated from the project's valuation (LAMC section 91.107).

  • Zoning Review

    Los Angeles City Planning · checked 2026-09-02

    Used for: Los Angeles zoning review as part of development and permit processing.