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lpecevich

Contractor Did Not Pull Permit for Deck Replacement

8 years ago

We hired a contractor to replace an existing deck. The old deck was completely torn down, and replaced with a new one. It is in the same configuration and footprint as the old one. From

what I can see, it is very well done, solid and attractive. It is an elevated 12 x 18 foot deck with steps leading to ground level. We live in NC.


The problem is I found out that the contractor did not pull a permit. I was told that they would pull a permit, but found out several days into the job that they did not. One of the workers said that it wasn't needed as the deck had the same footprint. I did some research and I believe that statutes require a permit. I called the county office and briefly described the project and they said a permit was necessary. I called the person who inspected the home when I bought it and he said that a permit was necessary. Also, without it there could be liabiity and insurance issues.


I feel that an after the fact permit should be filed, but am terrified that they'll make me tear the deck down and start all over. Everything is very visible and can be readily inspected. What should I do? I am very surprised that this supposedly reputable contractor did not pull the permit.


I appreciate any responses! This is making me very nervous as I ike to adhere to the law.

Comments (13)

  • PRO
    8 years ago
    If it’s important to you- insist the contractor pull a permit and withhold your final check until he does so and gets it successfully passed. Was he a licensed contractor? Did your contract specify a permit? (Not scolding just trying to get bargaining chips for you!)
    lpecevich thanked HALLETT & Co.
  • 8 years ago

    Depends on your code requirements. Our footings need to be 48" below grade with a certain size base at the bottom based on size. There'd be no way to see that without a lot of work exposing them.

    Contact your contractor and request he get it inspected, better him than you...

    lpecevich thanked ksc36
  • PRO
    8 years ago

    You have to submit drawings indicating this is a direct replacement. Show existing footings to remain, indicate what materials were used and submit them for approvals. When you get your permit call for final inspection. Being this elevated deck they can inspect subframe from underneath and all of the connections i.e post to the footing, girder to the posts, etc.

    We do this all the time when a homeowner gets caught with a deck that was done with no permit, or when the house is sold and there is a deck but there is no record that permit was issued, etc. In some cases, if the deck to low, they will ask to remove a few decking boards so they can inspect ledger and make sure everything is proper flashed and hangers properly attached.

    Good luck

    lpecevich thanked GN Builders L.L.C
  • 8 years ago

    Thanks for all your comments and suggestions. I appreciate your professional input.

  • 8 years ago

    I believe this was not quite a complete replacement in that the ledgers attached to the house were not replaced. I apologize for my lack of knowledge of terminology, construction, etc. New footers were poured, however. The old ones were improperly done - it appears that the deck that was torn down was not permitted.


  • PRO
    8 years ago

    At this point, whats done it's done... Just get the drawings approved and file for the permit and call for inspection and see what they say. In most cases, they will inspect the deck and as long as the permit was filed most of the time they will not make an issue out of it that the footings already been placed... I mean they not gonna make you dig them up. Worst case scenario you will have to hire someone licensed to provide a letter that footings were properly done so they can attach that letter with the permit for the record in case there is a problem in the future.

    Good luck

  • 8 years ago

    Thanks for responding! The contractor is filing for a permit and will get the deck inspected. Hopefully there won't be too much of an additional fee for doing this after-the-fact. I appreciate your patience with my questions. This is the first experience like this for me.

  • 8 years ago

    Permitting procedures differ from city to city and can be difficult to know about. However, it is a contractor's responsibility to know/find out what is required. The only problem that may happen is the depth of the footings, and that should not be a problem if the previous footings were passed and used for the replacement.

    This was/is the contractor's problem and any costs should be handled by the contractor. The cost of the permit should have been included in the cost of the deck.

    lpecevich thanked User
  • 8 years ago

    I agree that the contractor should have known that this was required. I got no definitive answer as to why this was omitted.

    The previous deck footers were actually not done properly, but were passed. New footers were done, but these are actually more substantial.

    Thank you for your response. This has been a learning experience.

  • PRO
    8 years ago

    It really doesn't make a difference as the permit fees go, being this cost included in the price or not the customer still pays for the permit.

    I personally never include permit fee into the project cost because every town has different fees, so when the permit is issued, they let me or the customer know the cost of it and customer cuts a check directly to the township.

    As any additional costs go, I agree the contractor should pay for because she should know better that permit is required for this job.

    Good Luck

    lpecevich thanked GN Builders L.L.C
  • 8 years ago

    Thanks again for your comments. The request for the permit is to be filed today.

  • 8 years ago

    Update?