What Can You Build Without a Permit in Florida? (2026)
The 30-second answer for Florida
In Florida, the projects you can usually build without a building permit are a small detached shed, a short freestanding deck, a fence under the height cap, a low retaining wall, and cosmetic interior work. The exact limits Florida enforces are in the table below — and your city can be stricter than the state. The catch every homeowner needs to hear: even when no permit is required, the building code, zoning setbacks, and any HOA rules still apply. Permit-exempt means the paperwork is waived, not the rules.
How Florida sets the rules
Florida is governed by the statewide Florida Building Code (FBC), currently the 8th Edition (2023), adopted and maintained by the Florida Building Commission under Chapter 553, Florida Statutes (the 9th Edition/2026 takes effect December 31, 2026). Permit exemptions come from FBC Section 105.2 (FBC-Building) and R105.2 (FBC-Residential). Building permits are administered and enforced locally, overwhelmingly at the COUNTY level, so exemption lists and dollar/size caps vary between the 67 counties.
Permit-exempt limits in Florida
These are the thresholds we verified for Florida. Treat each one as the most you can usually do without pulling a permit — a stricter city amendment always wins.
| Project | Florida permit-exempt limit |
|---|---|
| Detached shed / accessory building | Statewide baseline: under FBC-Building 105.2, a one-story detached accessory structure (tool/storage shed, playhouse) is permit-exempt if floor area does not exceed 120 sq ft; FBC-Residential R105.2 allows up to 200 sq ft for one- and two-family properties. Counties tighten this — Duval/Jacksonville reviews sheds for code compliance, and any shed still must meet FBC wind-load and product-approval rules. |
| Deck | FBC-Residential R105.2 mirrors the IRC baseline: a deck is exempt only if it meets ALL four conditions — 200 sq ft or less, 30 in or less above grade at any point, NOT attached to the dwelling, and does NOT serve the required exit door. Note FBC-Building 105.2 lists NO deck exemption at all. Many counties are stricter: Miami-Dade exempts only wood decks 18 in or less above ground. Permit-exempt never waives wind-load/product-approval compliance. |
| Fence | FBC baseline exempts fences not over 7 ft high (Jacksonville/Duval confirms fences over 7 ft require a permit). Caveat: this is a local-option item — some jurisdictions remove it (the City of Pensacola's adopted FBC Chapter 1 drops the fence exemption entirely), and nearly all counties still require zoning review for placement/setbacks and for pool-barrier fences. Verify with your county before relying on the 7 ft figure. |
| Retaining wall | Follows FBC/IRC baseline: retaining walls not over 4 ft in height measured from the bottom of the footing to the top of the wall are permit-exempt, UNLESS the wall supports a surcharge or impounds Class I, II or IIIA liquids. Note: 2026 HB 803 added FBC 105.2.5 requiring a single permit (not one per lot) where a residential retaining wall spans multiple lots. |
| Patio (on grade) | At-grade concrete patio slabs are generally permit-exempt: FBC 105.2 exempts sidewalks/driveways not more than 30 in above adjacent grade and not over a basement/story below. Miami-Dade explicitly exempts exterior concrete slabs such as open patios and walkways (not screened patios or pool slabs); Jacksonville lists patio slabs as not requiring a permit. Screen enclosures, roofed patio covers, and pavers tied to drainage typically still require a permit. |
Baseline: 2021 International Residential Code, Section R105.2. See the national project-by-project guide for how each threshold works.
Can you do the work yourself in Florida?
Under FS 489.103(7), a homeowner may act as their own contractor (owner-builder) on their own property without a contractor license, but must personally appear, sign the permit application, and sign a state disclosure/affidavit acknowledging they will personally supervise the work. The structure must be for the owner's own use — not built or substantially improved for sale or lease. If the owner sells or leases within 1 year of completion, the law presumes it was built for sale/lease, violating the exemption; this is a required resale disclosure.
What's different about Florida
Permit-exempt is not code-exempt (product approval always applies)
Even when no permit is required, Florida's statewide wind-load requirements and Florida Product Approval (approved windows, doors, roofing, connectors) still apply to the work. A permit exemption never authorizes non-code-compliant construction.
High-Velocity Hurricane Zone (Miami-Dade + Broward)
Miami-Dade and Broward Counties are the HVHZ under the FBC, with stricter standards and mandatory Miami-Dade Notice of Acceptance (NOA) product approval; exemption thresholds there are tighter (decks capped at 18 in above ground).
New $7,500 owner permit exemption (HB 803, effective July 1, 2026)
HB 803 amended FS 553.79 to bar local governments from requiring a building permit for work valued under $7,500 on a single-family dwelling's lot — but it excludes any electrical, plumbing, structural, mechanical or gas work and any property in a flood hazard area, and requires a written exemption request with a contract showing the value.
"Permit-exempt" does not mean rule-free
I spent 25 years as a firefighter before I built PermitDeck, so let me be blunt about the part that gets people hurt. "No permit" never means "no rules." When a project is exempt in Florida, three things are still true — and now you are the one responsible for them, because no inspector is coming to check:
- Building code still applies. An exempt deck in Florida still has to meet the structural rules of IRC R507 — real footings, a proper ledger, and guards. A shed still has to carry your local snow and wind load. The code does not care whether a permit was pulled.
- Zoning and setbacks still apply. Exempt does not mean you can put it anywhere. Setbacks from property lines, easements, lot-coverage caps, and corner-lot sight lines all still bind you — and a neighbor complaint can force you to move it.
- HOA rules are separate. Your HOA architectural review is a private contract, not a government permit. You can be fully permit-exempt with your city and still be forced by your HOA to tear something out.
The big Florida cities
Permits are pulled locally, so your city's building department has the final word. Here are the two largest, with a link straight to their office.
Jacksonville (Duval County)
The consolidated City/County Building Inspection Division lists patio slabs as not requiring a permit, but reviews sheds/accessory structures for code compliance and requires permits for fences over 7 ft and for any electrical, gas, mechanical, plumbing, roofing or structural work.
Jacksonville (Duval County) building departmentMiami-Dade County
In the HVHZ: wood decks 18 in or less above ground are permit-exempt, exterior concrete slabs/open patios/walkways are exempt, and total exempt residential work cannot exceed $5,000 aggregate in any 12-month period; product approval (NOA) still required.
Miami-Dade County building departmentTurns out you do need a permit? We'll match you with pros who pull it
If your project crosses one of these Floridathresholds, the cleanest path is to hire a licensed pro who pulls the permit in their own name and stands behind the inspection. Tell us the project once and we'll send it to up to three verified local pros. It's free, it's capped at three, and we never sell your information — the opposite of the lead-farm sites.
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What happens if you needed a permit and skipped it
Guessing wrong on the exemption is not a small risk. The common outcomes are a stop-work order, a fine (often double the normal permit fee), and being ordered to open finished work back up for inspection or tear it out. The expensive part usually lands later: unpermitted work routinely kills a home saleat the buyer's inspection, and an insurance claim can be denied if the damage traces back to unpermitted construction. Most jurisdictions do allow a retroactive (after-the-fact) permit — it costs more, but it clears the record.
Full detail: what happens if you build without a permit and how to get a building permit.
Florida permit-exemption FAQs
Do I need a permit to build a shed in Florida?
Statewide, a one-story detached storage shed can be permit-exempt — up to 120 sq ft under the FBC-Building code, or up to 200 sq ft for one- and two-family properties under the FBC-Residential code. But permits are administered by your county, and many (like Duval/Jacksonville) still review sheds. The shed must also meet Florida wind-load and product-approval rules regardless of permit status.
Can I build a deck without a permit in Florida?
Only a small, ground-level, freestanding deck qualifies. The FBC-Residential exemption requires ALL of: 200 sq ft or less, 30 inches or less above grade, not attached to the house, and not serving the required exit door. Miami-Dade is stricter, exempting only wood decks 18 inches or less above ground. Attached or elevated decks always need a permit and must meet wind-load engineering.
How tall can a fence be in Florida before I need a permit?
The Florida Building Code baseline exempts fences not over 7 feet high. However, this is a local-option provision — some Florida cities remove it and require a permit for any fence, and nearly all counties still require zoning review for setbacks, corner-visibility, and pool-barrier fences. Miami-Dade treats even chain-link fences as needing a zoning improvement permit. Always confirm locally first.
Is small home-improvement work under $7,500 exempt from permits in Florida?
As of July 1, 2026, Florida's HB 803 bars local governments from requiring a building permit for work valued under $7,500 on a single-family dwelling's lot. But it does NOT cover electrical, plumbing, structural, mechanical or gas work, or any property in a flood hazard area, and you must submit a written exemption request with a contract showing the value. Projects cannot be split to stay under the cap.
Sources we verified against
- FBC 8th Edition (2023) Building, Section 105.2 Work exempt from permit
- FBC Chapter 1 Section 105.2 as adopted (City of Pensacola reproduction)
- Miami-Dade County Permit Exemptions (Regulatory & Economic Resources)
- City of Jacksonville / Duval County Building Inspection Division — Residential Permits
- HB 803 (2026) Summary incl. FS 553.79 $7,500 exemption (Florida Building Commission)
- Florida Statutes 489.103 — Contracting exemptions, incl. owner-builder (7)
Every threshold on this page is anchored to Florida's building code or the sources listed above. Where a number varies by city and we could not verify it, we say "verify locally" rather than guess — a permit page you cannot trust is worse than no page at all.
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