Most deck construction in NYC requires a building permit from DOB. Decks attached to buildings or elevated above grade need structural plans. The minimum DOB permit filing fee is $130. Patios at grade level that do not alter the building structure may be exempt. All outdoor structures must comply with zoning setback and lot coverage requirements.
In NYC, deck construction generally requires a building permit from the Department of Buildings. Unlike some other jurisdictions, NYC does not broadly exempt small decks from permit requirements. Attached decks and elevated decks require structural engineering drawings and may require professional certification (PE or RA). Patios at grade level (on-grade concrete or pavers without structural framing) may be exempt from building permits but must comply with zoning requirements for lot coverage and open space ratios. The permit filing fee is a minimum of $130, calculated based on construction cost. For non-electrical work not changing the Certificate of Occupancy, 100% of fees are due at filing. For work resulting in a new or amended CO, 50% is due at filing and 50% before permit issuance. Roof decks have additional requirements and typically require a special permit or variance. All decks must meet setback requirements for the applicable zoning district.
Building a deck without a required permit violates NYC Administrative Code Section 28-105.1, with penalties up to $25,000. Unpermitted decks may require removal. DOB may issue stop-work orders and vacate orders for unsafe conditions.
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