- Most towns require a building permit for a deck project. The permit
is proof that you have legally obtain the right from the town to construct
a deck. To obtain a permit, an application will usually have to be filled
out and submitted to the town along with a detailed construction plan and
a small town filing fee. Expect to wait a few weeks for the town to issue
a permit.
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Not obtaining permit
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- If your deck requires a permit and you fail to obtain one, you could
be putting yourself at legal risk. Towns enforce their permit policies
quite vigorously. An illegally built deck (without obtaining a permit) may
have to be brought up to conform to current standards, fines can be
imposed or even complete dismantlement of the deck.
- Not obtaining a permit also puts you at risk of having problems when
selling the property. Some towns are now mandating that prior to the sale
of a home it must be inspected by town construction officials for
violations. Obtaining a construction permit for a deck will avoid these
types of problems and let you rest easier long after the deck has been
built.
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Application
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- The small amount of time it takes to fill out a permit application is
time well spent. Your contractor may even take care of this process for
you. If you do have an agent such as your contractor fill out the
application, we suggest that you review it prior to submitting it to the
town. This is to reduce the possibility of errors or omissions.
- To expedite the application process, make sure you provide complete
and accurate information as well as a good detailed plan.
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Building plans
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- The town will usually require a detailed plan of the deck.
- Deck plans will have to show at a minimum, the overall layout and
substructure of the deck. In addition, the plan will need to indicate that
the deck will be constructed using the most up to date applicable building
codes.
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Survey
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- It is not uncommon for the town to require a copy of the property
survey with a top view of the proposed deck drawn to scale on it. This
will help the town determine how the proposed deck will be situated on the
property and if the deck will be within the setbacks and other
requirements for the property.
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Inspections
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- When constructing decks, most towns can require as many as 3 building
inspections prior to the completion of the project.
- Footing inspections - required to check depth and diameter
of the footings prior to the pour or installation of the footings.
- Framing inspections - usually required when the framing can
not be viewed such as a low elevated deck.
- The final inspection - will determine if the deck was built
to the specifications indicated in the plans and the requirements of the
town.
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Architectural Review Boards, Planning
Committees, Historical Preservation Societies
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- The list of board member affiliates can get very lengthy to say the
least. A good portion of what they do is to review whether or not an
exterior structure such as a deck will detract from the surrounding
neighborhood and to approve of such designs.
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Zoning
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- Taxes that are assessed on deck projects are usually based on the
square footage (size) of the deck. Contact your local property tax
assessing office for current guidelines on assessing decks for tax
purposes
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- Town lands are usually divided into several zoning districts which
determine the present and future use of the land. Within any given town
may lie several zoning districts. From residential to commercially zoned
properties, towns will enact strict guidelines on how a particular zoned
property is to be developed including deck restrictions.
- Zoning districts can vary from one part of the town to another and
even from house to house. For instance, my home is situated on a piece of
property that happens to be commercially zoned. My neighbors home is
adjacent to my property but is in residential zoning district. The two
properties and homes look unmistakably similar. However, being that my
house happens to be on commercial property, a whole new set of zoning
requirements for decks comes into play. In order to legally build my
deck, I needed a property variance where as my neighbor's deck did not.
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Certificates of occupancy
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- After a deck is constructed and it has passed all of the building
inspections, the town will issue a certificate of occupancy also referred
to as the C.O. Other towns may call this document something different.
Regardless of what it's called, this document gives you the legal right of
usage for the deck and assures you that the deck has been built in
accordance to the requirements set forth by the town.
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