Durham, NC Swimming Pools & Spas: Pool Permits (2026)

Building a pool falls under City Code § 10-48's general permit trigger, an owner must apply to the Durham Inspections Department and obtain a permit before constructing a structure regulated by the North Carolina Building Code. 9, which opens by noting that in-ground and above-ground pools are subject to any applicable public health and building code requirements. Those UDO standards kick in once a pool has a water depth over 24 inches and a surface area of at least 100 square feet. Private residential pools, plus their decking and equipment, cannot sit between the street and the house unless placed to the rear of it, and cannot come closer than five feet to any property line.

Larger shared pools, outdoor community pools, private club pools, or pools serving townhouse, rowhouse, multiplex, or apartment development, must stay at least 100 feet from any property line adjacent to a single-family district or use, except for rooftop pools. Every outdoor pool must be enclosed by a fence at least four feet tall with no more than 50 percent opacity, and every gate must be self-closing and self-latching. Because Durham City-County Planning administers the UDO jointly, these siting standards apply the same way whether the pool is inside the city limits or in unincorporated Durham County, but the § 10-48 building permit itself is issued through the city's Inspections Department for property inside city limits.