Decks under 200 square feet, under 30 inches above grade, not attached to a dwelling, and not serving a required exit door do not require a permit. Larger or elevated decks require building permits in Santa Clara County.
Per the California Building Code, decks not exceeding 200 square feet, not more than 30 inches above adjacent grade, not attached to a dwelling, and not serving a required exit door are exempt from building permits. Decks over 30 inches above grade require a building permit with structural plans including footings, framing, and guardrail details. Guardrails must be at least 42 inches high. Concrete patios at grade do not require a permit. Covered patios and pergolas attached to the dwelling typically require permits. All decks must meet zoning setback requirements. In hillside areas, additional requirements for grading and drainage may apply.
Unpermitted decks may be cited through code enforcement. Unsafe elevated decks may be ordered removed. Retroactive permits require inspection of all completed work.
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