If you’re planning to build or modify a deck, following the correct legal and regulatory steps is important to ensure your project complies with safety standards. In both Virginia and Maryland, understanding the permit process is necessary to avoid penalties, fines, or having to remove your newly constructed deck.
This guide covers everything you need to know about deck permits, including the process, legal requirements, fees, and examples from various counties.
What is a Deck Permit?
A deck permit is official authorization from your local building department, granting permission to construct or modify a deck. It confirms that your deck complies with required safety and construction standards. Without a permit, you risk fines or forced removal of your deck, which can also create issues when selling your home.
Home inspectors and lenders often require proof that all major home improvements, including decks, were permitted and inspected.
The permit process guarantees that your project follows local codes and safety regulations, including footings below the frost line, proper framing, railings, and baluster spacing.
Why Do You Need a Deck Permit?
Here’s why getting a deck permit is important:
- Safety and Structural Integrity: Deck permits confirm that your deck is safe, can withstand local weather conditions, and follows proper construction methods, like footings and framing.
- Legal Compliance: A permit ensures that your deck meets local building codes and zoning laws, preventing fines, legal issues, or even stop-work orders or demolition if it’s found to be unpermitted.
- Property Value: Having an approved permit increases the value of your home, as buyers, inspectors, and lenders often require proof of compliance with building codes before proceeding with a sale.
When Is a Deck Permit Required?
In Virginia and Maryland, a deck permit is generally required if:
- The deck is more than 30 inches above the ground.
- It’s attached to the home and exceeds 12 feet in any direction.
- There are stairs exceeding certain height limits.
- The project includes electrical work, plumbing, or a permanent roof.
- It affects the foundation or support structure.
Virginia Deck Permits
In Virginia, the general guidelines for when a permit is required include:
- Decks that are more than 30 inches above the ground.
- Decks that are attached to the house and exceed 12 feet in any direction.
- Decks that have stairs exceeding 30 inches in height.
Additionally, footings must extend below the frost line (usually 24 inches deep), and railings must be at least 36 inches tall. For example, Goochland County requires a permit for decks over 12 inches above the ground. Decks must also comply with specific framing and construction standards.
Fees for a deck permit in Virginia can range from $43 (application fee) to much higher, depending on the cost of construction. For example:
- For decks valued between $0 – $3,000, the fee is $86.
- For decks over $25,000, a fee of $242 applies, plus an additional 1% of the estimated value above $25,000.
Maryland Deck Permits
In Maryland, the deck permit requirements are similarly rigorous, especially in Montgomery County and Anne Arundel County. For instance, in Montgomery County, footings must be 30 inches deep to avoid frost heave, and railings must be 36 inches tall for decks over 30 inches high.
In Anne Arundel County, the minimum deck size requiring a permit is 120 square feet. The permit fees are usually in the range of $150, with additional fees if you plan to include electrical or plumbing work.
How to Get a Deck Permit in Virginia and Maryland
Getting a deck permit involves several steps. Here’s an outline of the process in both states:
1. Check Local Regulations
Before applying for a permit, check your local county or city codes to understand specific requirements, as they can vary slightly by jurisdiction. For instance:
- Prince William County (Virginia) has unique requirements about the location of your deck and whether it is within a floodplain. If your deck will affect a floodplain, additional documentation will be needed.
- Montgomery County (Maryland) requires footings to be placed at 30 inches for all residential decks, while Anne Arundel County requires a minimum footing size based on deck size.
2. Prepare Detailed Deck Plans
Your deck plans must include:
- Size and layout of the deck.
- Footing details (footings typically 12-24 inches in diameter, extending below the frost line).
- Railing and stair specifications, including the height (usually 36 inches above the deck).
- Materials include pressure-treated wood and composite decking.
3. Submit Your Application
Once your plans are ready, submit them to your local building department for review. In Virginia, most counties have an online portal for submission (such as Prince William County’s ePlan system). For Anne Arundel County, you can apply through their Momentum portal.
4. Review and Feedback
After submission, building officials will review your plans to ensure compliance with local codes. If necessary, they will request modifications to bring your project up to code.
5. Schedule Inspections
Once your permit is granted, inspections will be required at various stages:
- Footing inspection: Ensure that footings meet code specifications (depth, width).
- Framing inspection: Verify the deck framing, posts, beams, and joists are built according to code before you install the decking.
- Final inspection: Once the deck is complete, ensure it’s structurally sound and safe.
6. Pass Inspections and Get Final Approval
Once you pass all inspections, the permit is closed, and you’ll receive final approval to use your deck.
Deck Permit Fees and Costs
The cost of obtaining a deck permit varies depending on the size of the deck, whether additional work (like electrical or plumbing) is involved, and your county or jurisdiction.
Virginia Fees:
- Application Fee: Typically $43.
- Building Permit:
- $0 – $3,000: $86
- $3,001 – $5,000: $103
- $5,000 – $10,000: $147
- Above $25,000: $242 plus 1% over $25,000.
- Reinspection Fees: If the inspector has to revisit your deck, the reinspection fee is usually $150.
Maryland Fees:
- Application Fee: $150 (Anne Arundel County).
- Building Permit Fees: In Montgomery County, the permit for a 120 square foot deck might cost around $150, but additional inspections and extra work (like electrical or plumbing) will add fees.
- Reinspection Fees: Similar to Virginia, expect a $150 fee for re-inspections if your deck fails an inspection.
Common Deck Problems and How to Avoid Them
When applying for a deck permit, there are several common issues homeowners face during the process:
- Improper Footing Depth: One of the most frequent problems is shallow footings. All decks must have footings that go below the frost line, typically at least 24 inches deep to avoid shifting due to freeze-thaw cycles.
- Non-Compliant Railings: Decks over 30 inches high must have railings that are at least 36 inches tall. Some jurisdictions, like Montgomery County, also have specific spacing rules for balusters.
- Incomplete or Incorrect Plans: Submitting plans that are not detailed enough or that don’t meet local construction standards will delay approval. Be sure to include all dimensions, materials, and relevant construction details in your submission.
- Unauthorized Work: If you don’t secure a permit before starting construction, you may face stop-work orders, fines, or even forced demolition of your deck. Always apply for a permit before beginning construction.
Deck vs. Patio: What’s the Difference and Why It Matters for Permits
When deciding between building a deck or a patio, it’s important to understand the differences in terms of construction, permits, and long-term use.
- Decks are elevated structures, usually attached to your house, and are often made from wood or composite materials. Because of their height and structure, decks typically require footing permits and are subject to stricter building codes.
- Patios are generally level with the ground and made from materials like stone, concrete, or brick. While patios often don’t require the same permits as decks, if you are doing any grading work or adding structures, you may still need a permit.
Ready to Start Your Deck Project? Let Us Guide You Through the Process!
Navigating the deck permit process doesn’t have to be complicated. At Prince William Home Improvement, we handle the paperwork, inspections, and technical details to make sure your deck complies with local codes. Our team will assist in obtaining the required permits and help avoid delays or fines.
Contact us today to schedule your free consultation. We’ll help you build a safe and compliant deck!
