Deck without permit

Has anyone had a deck put on without a permit? If so what were the consequences?

Re: Deck without permit

There aren't really consequences that I can think of until it comes time to sell. In order to sell the house, you will either need to get the proper permits for the deck. It can take time and be expensive (many people pay an expeditor to deal with the town and handle the whole process of legalizing a deck). Sometimes, if the deck is built too close to a property line or otherwise not within the normal specs, you will need to get a variance, which can take longer. Sometimes sellers choose not to get the proper permits and then either a buyer has to deal with it or -- in most cases -- it just gets torn down.

Also, why are you thinking of not getting the proper permits? If it is to avoid having your property taxes increase, you should know that many times, the towns tax you for illegal structures (decks, sheds, pools, additions) because they know about them, anyway, if they are plainly visible from the outside of the house. I know the Town of Hempstead a few years ago was flying overhead and finding all of the illegal pools and decks, and started taxing homeowners for them. So even if you don't get the permits for home renovations, it doesn't mean you won't be taxed for your changes.

Message edited 5/16/2011 11:50:57 AM.

Re: Deck without permit

Some towns do not require permits for decks under 18" in height. Some are only 8" above grade. There are also rules for percent of lot and distance set backs you need to follow -- if you dont, you will need a variance to maintain it later which takes more time and money to get...
What town are you in, I can tell you the zoning code (its my job -- not a solicitation for work -- I just know the rules!)

Re: Deck without permit

Re: Deck without permit

Check the heigth requirement in your township. For me it's 8 inches above ground. For others it's 12 inches. Others 18 inches.

Be careful, some townships are REALLY tracking down illegal structures (no permits!!!) and they are issuing tickets and/or asking to remove said structure.

The risk of a ticket and having to rip a deck would be enough of a turn off for wanting to wait for a permit.

Re: Deck without permit

town of huntington is also 8 inches or higher for permit.

Re: Deck without permit

Re: Deck without permit

Re: Deck without permit

We put up a new deck last year with a pergola but did not obtain a permit because we knew it would take a long time, plus we were sure that none of our neighbors' decks were done with permits -- we were worried that if we invited the town to come in our backyard they'd look and notice that nobody else had the proper permits.....this happened to my FIL with his backyard shed - when his neighbor had a deck put on, the town inspector was in the backyard, looked at my FIL's yard and the yard on the other side and started investigating....and BAM -- a fine plus the cost of the permit.

Anyway, we are now in the process of applying for a new permit for our upcoming renovations and we had to decide to either take down the deck or just risk the fee/fine. The fine turned out to be triple the building permit fee, which totalled less than $300 -- definitely worth the $ instead of taking it down....