Before You Build in Houston, TX: Permit & Rule Checklist (2026)

Houston requires building permits for retaining walls that exceed certain height thresholds or are constructed of masonry or concrete. When a fence is built on top of a retaining wall, the combined height is considered for permit purposes under the 8-foot threshold.

Houston requires pool barriers of at least 48 inches under Chapter 43 (Pool and Spa Safety) and the adopted 2018 International Swimming Pool and Spa Code (ISPSC). All residential pools must be completely enclosed by a barrier with self-closing, self-latching gates.

Texas has no shared fence cost statute. Each property owner is responsible for fences on their own property. Fences must be built entirely on the owner's lot. Deed restrictions and HOAs are the primary enforcement mechanism in Houston.

Houston exempts most residential fences from permits. Permits are required for fences over 8 feet, fences made of masonry or concrete (any height), fences in floodplains, and fences in historic districts. Processing takes about 10 days.

Houston allows fences up to 8 feet in rear and side yards without a permit (unless masonry or concrete). Front yard fences are limited to 4 feet and require Planning Department approval. Permits required for fences over 8 feet.

Houston requires building permits for all swimming pool construction under the adopted 2018 International Swimming Pool and Spa Code (ISPSC) with Houston Amendments. Applications inactive after 180 days. Flood zone properties need additional permits.

Above-ground pools in Houston must meet the same barrier requirements as in-ground pools under Chapter 43 and the International Swimming Pool and Spa Code. Ladders or steps must be capable of being secured, locked, or removed to prevent unauthorized access.

Houston regulates hot tubs and spas under Chapter 43 (Pool and Spa Safety) and the ISPSC. Spas with powered safety covers complying with ASTM F1346 are exempt from barrier requirements. Hot tubs over a certain capacity require building permits.

Houston requires a minimum 48-inch barrier around all pools holding 24+ inches of water. Gates must be self-closing, self-latching with latches at 54 inches. Chain link is prohibited for new pool enclosures after January 1, 1994.

Houston pools must display a No Swimming When Unattended sign. Pool covers must support the weight of a child or adult. Doors providing pool access require alarms and keyless deadbolts at 36+ inches.

Houston permits ADUs (secondary dwelling units) by right up to 900 sq ft with kitchen and bathroom. One ADU per single-family lot. Setbacks are 5 feet from rear and side property lines. Deed restrictions may prohibit ADUs.

Houston allows garage conversions to living space or ADUs with a building permit. Converting to an ADU requires 3 total off-street parking spaces. Over-garage ADUs that preserve parking below are a popular alternative.

Carports in Houston require a building permit through the Houston Permitting Center. They must comply with building setback requirements under Chapter 42 and applicable building codes. Since Houston has no zoning, deed restrictions may impose additional requirements.

Houston allows secondary dwelling units (ADUs) including tiny homes, with a maximum size of 900 sq ft or 50% of the main home's floor area. The 2023 Livable Places amendments to Chapter 42 expanded ADU allowances. Since Houston has no zoning, most restrictions come from building codes and deed restrictions.

Houston exempts accessory structures under 200 sq ft and 15 ft tall from building permits. Larger structures require permits. Setbacks are 5 feet from side and rear property lines (10 ft rear if over 15 ft tall). Must be behind the front building line.

Open burning is prohibited within Houston city limits under the adopted Fire Code and TCEQ 30 TAC §111.209. The Houston-Galveston-Brazoria ozone nonattainment area adds air quality restrictions. Report violations to HFD at 832-394-6900.

Houston prohibits open burning within city limits. Recreational fire pits are permitted only in approved containers (manufactured fire pits, chimineas). Open-flame devices must be 10 feet from combustible construction. Sky lanterns are banned.

Houston Code Chapter 33, Art. VI (Protection of Certain Trees) requires permits for removing protected trees. Tree removal/trimming permits are processed by the Urban Forestry Division with a $90 per diameter inch fine for unauthorized removal of protected trees.

Houston's Tree and Shrub Ordinance (Chapter 33, Article V) protects certain trees and sets minimum planting requirements for development. Trees in the public right-of-way are protected. Dead trees must be removed or face $200 to $2,000 fines.

Houston enforces water conservation through a tiered Drought Contingency Plan under Chapter 47, Article VII. Stage 1 limits outdoor watering to twice weekly between 7 PM and 8 AM. Stage 2 assigns specific days by address. Drip irrigation is typically exempt.