Do you need a permit for a fence, shed or small deck in Pennsylvania?
Updated · KeystoneProGuide editorial team
Does a fence, shed or small deck need a building permit?
Often not under the state code, but your town can still require one. Pennsylvania's building code regulation lists outdoor projects that need no permit, provided the work does not violate a law or ordinance. That last condition is the important one: municipalities can and do require more, especially through zoning.
What does the state code exempt?
Section 403.62 exempts, among other things:
- fences no more than 6 feet high;
- retaining walls no more than 4 feet high, measured from the lowest grade to the top, unless the wall supports a surcharge;
- sidewalks and driveways 30 inches or less above the ground next to them and not over a basement;
- uncovered decks whose floor is no more than 30 inches above grade;
- swings and playground equipment for a one- or two-family home;
- window awnings on an exterior wall that project no more than 54 inches and need no extra support;
- prefabricated pools less than 24 inches deep.
A separate section of the code, its scope, leaves out carports, detached private garages, greenhouses and sheds with a building area under 1,000 square feet that serve a detached single-family home, again unless a local ordinance requires otherwise.
How is Philadelphia different?
Tighter on two of these. Philadelphia's building permit page says that, as long as the property is not on the city's historic register, you often do not need a permit for fencing up to six feet, retaining walls up to two feet, sidewalks and driveways that stay out of the public right-of-way and involve no parking, sheds and similar detached structures of 200 square feet or less for one- or two-family homes, and playground and pet equipment. The city usually requires a zoning permit before a building permit.
So a shed of 200 square feet or less may need no building permit under either rule, while a larger one under 1,000 square feet, outside the state code, may still need a city permit in Philadelphia. A retaining wall taller than two feet but no more than 4 feet is exempt under the state code and over the city's limit.
What about zoning?
Zoning is separate from the building code and often catches fences. Lower Merion Township, for example, says a zoning permit is needed for fencing along a frontage and for any repair or replacement of a fence that does not conform to the zoning rules. Ask the municipal office before you buy materials; Labor and Industry's municipal table lists the building code official for most of the state's 2,562 municipalities.
Do you have to call before digging post holes?
Yes. The Pennsylvania Public Utility Commission says homeowners and contractors must call 811 at least three business days before starting any digging or excavation project, as required by law. PA One Call then notifies the utilities, which mark their buried lines. The One Call system notes that buried utilities often run along property lines and between lots, which is where fences go, and that overhead wires do not rule out buried ones. It does not mark lines itself; it relays your request to the utilities in your municipality.
Who may build it?
Under the state code, an owner or authorized agent. Two state rules shape a hired job. A contractor whose home improvement work reached $5,000 last year must be registered with the Attorney General, whose definition of home improvement names fences, sheds, porches and patios. And any such job priced over $500 needs a written, signed contract with the work, dates, total price and your three-day right to cancel. In Philadelphia, building-permit work on a one- or two-family home that needs no electrical or plumbing permit may be done by a licensed contractor, an owner who lives there, or a registered home improvement contractor with a city Commercial Activity License, and a home improvement contractor doing excavation under a city permit needs the city's Excavation Contractor License.
Does adding lights or power change anything?
Yes. Running a new circuit to a shed or deck adds wiring, which the state code says is not an ordinary repair, and Labor and Industry says local licenses for electrical contractors are common. Philadelphia requires a city license for electrical work.
Does lead paint matter outdoors?
On older painted fences, porches and siding, it can. The EPA's lead rule for paid work in pre-1978 homes covers exterior work that disturbs more than 20 square feet of paint in total.
What does it cost?
The published surveys price the smaller versions as handyman work. HomeGuide lists fence or gate repair at $200 to $800, deck or porch repair at $500 to $2,600 and deck staining at $450 to $1,000.
The checks for whoever does the work are in how to choose a handyman, safety on ladders and roofs is in the ladder guide, and local businesses are on the handyman services page.
Sources
- Homeowners, Pennsylvania One Call System
- Frequently Asked Questions: Home Improvement Contractor Registration, Pennsylvania Office of Attorney General
- Submit as a PA Home Improvement Contractor to get construction permits, City of Philadelphia
- Get an Electrical Contractor License, City of Philadelphia
- Renovation, Repair and Painting Program: Contractors, U.S. Environmental Protection Agency
- Building FAQs, Lower Merion Township
- Municipal Elections and Contact Information, Pennsylvania Department of Labor and Industry
- Contractor Licensing, Pennsylvania Department of Labor and Industry
- 34 Pa. Code § 403.62. Permit requirements and exemptions., Commonwealth of Pennsylvania (Pennsylvania Code)
- 34 Pa. Code § 403.1. Scope., Commonwealth of Pennsylvania (Pennsylvania Code)
- Get a Building Permit, City of Philadelphia
- PA One Call - 811, Pennsylvania Public Utility Commission
- Handyman Hourly Rates, Price List and Average Job Cost, HomeGuide