Ask the internet how big a shed you can build without a permit and you get 200 square feet. It is the figure in the International Residential Code, it is the figure in most of the buying guides, and it is a reasonable guess.
We have now read and dated the shed rule in 62 jurisdictions. Fifty-four of them state a threshold in square feet. Twenty-four use 200. The other thirty use something else, and the something else ranges from 36 square feet to 400.
That is an eleven-fold spread for the same question.
The distribution
| Threshold | Jurisdictions |
|---|---|
| 36 sq ft | 1 |
| 50 sq ft | 1 |
| 100 sq ft | 2 |
| 120 sq ft | 10 |
| 150 sq ft | 3 |
| 200 sq ft | 24 |
| 256 sq ft | 12 |
| 400 sq ft | 1 |
A 10 by 12 shed is 120 square feet. It is permit-exempt in 50 of these 54 jurisdictions and needs a permit in four. A 12 by 16 shed is 192 square feet, just under the famous number, and now it needs a permit in 17 of the 54.
Virginia: twelve counties, one number
All twelve Virginia jurisdictions we cover use 256 square feet. Not approximately 256. Exactly 256, in every one.
That is because Virginia does not let them choose. The Virginia Uniform Statewide Building Code sets the exemption at 13VAC5-63-80, and local governments cannot adopt a stricter building permit threshold. Arlington and Culpeper County are very different places administratively, and on this question they are identical.
256 square feet is 16 by 16, and it is the most generous common threshold in our data.
Florida: nine counties, seven answers
Florida is the mirror image.
| Jurisdiction | Threshold |
|---|---|
| Palm Beach County | 36 sq ft |
| Polk County | 50 sq ft |
| Pinellas County | 100 sq ft |
| Orange County | 120 sq ft |
| Hillsborough County | 150 sq ft |
| Pasco County | 150 sq ft |
| Miami-Dade County | 400 sq ft |
Broward and Lee County publish no numeric threshold at all.
Palm Beach County requires a permit for a shed over 36 square feet, which is smaller than a 6 by 6 garden shed. Miami-Dade allows 400. Those two counties are separated by a single county, and the permit-free shed you can build in one is more than eleven times the size of the one you can build in the other.
Florida operates under a statewide building code too, but its permit-exemption practice is set locally, and local is where wind-borne debris regions, flood zones and county administrative choices all land.
The one that is not an area at all
Mecklenburg County, North Carolina states its threshold as 12 feet, not as square feet. It is a linear dimension rather than an area, so it is not comparable to anything else in the table and we have excluded it from the counts above rather than convert it into a number it does not mean.
Seven more jurisdictions publish no numeric shed threshold, and they are excluded for the same reason: we would have to invent the figure.
What this means if you are buying a shed
Shed kits are sold in standard sizes, and the standard sizes sit right on top of the common thresholds. 8 by 12 is 96 square feet. 10 by 12 is 120. 12 by 16 is 192. 16 by 16 is 256.
Those are not coincidences on the manufacturing side, but they are coincidences relative to your jurisdiction. A 10 by 12 is under every threshold in our data except Palm Beach, Polk, Pinellas and Nashville. A 12 by 16 clears the 200 rule by eight square feet and fails the 150, 120, 100, 50 and 36 rules.
The number you need is the one your own jurisdiction publishes, and if you are within about 20 square feet of any threshold it is worth reading rather than assuming. That is the band where the received wisdom and the local rule disagree most often.
Sources
- Virginia Uniform Statewide Building Code, 13VAC5-63-80, exempt structures (accessed 2026-08-01)
- Palm Beach County FL Planning Zoning and Building, when a permit is required (accessed 2026-08-01)
- Miami-Dade County FL, shed and aluminum terrace permits (accessed 2026-08-01)
- Fairfax County VA Land Development Services, residential building permit library (accessed 2026-08-01)
- Seattle SDCI, sheds (accessed 2026-08-01)
- Mecklenburg County NC Code Enforcement, permitting (accessed 2026-08-01)
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