Patio Permit in New York City, New York
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By Mario Bailey, verified against official sources
Quick answer
New York City does not publish a patio-specific permit rule. DOB's "Do I Need a Permit?" page, the three tables of 1 RCNY 101-14 (which do name sheds, fences, small swimming pools, playground equipment, packaged air conditioners, retaining walls, roofing and facade work), the Project Requirements for Owner series including New Deck and Porch Installation and Outdoor Swimming Pool, the DOB Code Notes index, and the NYC311 permit articles were all checked, and none of them address a ground-level patio or at-grade paving. The only DOB mention of patios found is in the contractor-licensing context, where patio work is listed among the home improvements needing a Home Improvement Contractor license. Whether a particular at-grade patio counts as a minor alteration under AC 28-105.4.2 is a determination DOB tells owners to get from a PE, an RA, or a borough office; note that a raised deck or porch definitively does require a permit.
Applying yourself? Start with the office.
What a patio permit costs in New York City
How New York City compares in New York
| Jurisdiction | Permit needed? | Threshold |
|---|---|---|
| Buffalo | It depends | patio built as flatwork or paving at existing grade at an existing one- or two-family dwelling site |
| New York Citythis page | Not confirmed | Not specified |
| Rochester | It depends | aggregate size of a paved area or of an addition to a paved area |
| Town of Brookhaven | It depends | patio rising more than eight inches above grade at any point |
How to apply in New York City
Applying for a patio permit means submitting a site plan and framing plans for a roofed patio cover, since a cover is treated as its own permitted structure regardless of size. A plain concrete or paver patio slab at or near grade is, by contrast, often exempt from that same building permit requirement.
What most patio permit applications include:
- Filing a permit application with the local building department, which only the property owner or an authorized agent may sign, since a patio cover is treated as its own permitted structure regardless of size (IRC R105.1).
- A scaled site plan showing the new patio cover's size and location relative to the house and other existing structures, with dimensioned distances to all property lines so required setbacks can be verified before the permit is approved (IRC R106.2).
- Construction documents such as a framing plan and elevation, showing rafter or beam sizes and spacing, the distance between supporting posts, and the method of attachment to the house, drawn with enough clarity for the building official to confirm the work will conform to the code (IRC R106.1).
- For the roof structure itself, plans showing compliance with the patio cover appendix's structural limits, such as adequate footing sizes for the applied post loads, since a shallow slab on grade may substitute for a deeper footing only in limited cases up to about 750 pounds of load per post (IRC Appendix AH, Section AH105.2).
- By contrast, an at grade concrete or paver patio that is not attached to the dwelling and stays within the code's small flatwork thresholds, similar to a sidewalk, driveway, or low deck under 200 square feet and 30 inches high, commonly needs no building permit at all, so none of the plan review steps above apply (IRC R105.2).
General submittal guidance from 2021 International Residential Code (IRC), Sections R105 and R106, with Appendix AH Patio Covers (named Appendix H in the 2012, 2015, and 2018 editions). Source. New York City Department of Buildings (DOB) sets the exact checklist for New York City.
Where to apply in New York City:
New York City Department of Buildings (DOB)
- 280 Broadway, New York, NY 10007
- Phone: (212) 566-5000
Inspections and closing out your permit
A permitted patio cover follows the same footing, frame, and final inspection sequence used for any small accessory structure, since the posts and roof framing have to be checked before they are covered and again once the work is done. An at grade patio slab that qualifies as exempt flatwork usually needs no building inspection at all, because inspections only attach to work that required a permit in the first place.
- A footing inspection once the excavation, forms, and any reinforcing steel are in place but before concrete is poured, confirming the posts supporting a patio cover will bear on adequate footings (IRC R109.1.1).
- A frame inspection after the rafters, beams, posts, and any required rough in work are in place but before the roof sheathing or covering material conceals them, since a solid patio cover roof cannot be signed off once it is covered without this check (IRC R109.1.4).
- A final inspection once all permitted work, including roofing and post anchorage, is complete, which the code requires before the structure may be used (IRC R109.1.6).
- An at grade concrete or paver patio that qualifies as exempt flatwork under the permit rules is not subject to any of these inspection stages, since the inspection sequence only attaches to work that required a permit in the first place (IRC R105.2).
- Each inspection has to be requested by the permit holder rather than happening automatically, and the approved plans and permit card need to be on site and available when the inspector arrives (IRC R109.3).
Schedule each inspection in advance and pass the final before you use the work or close the permit. Request inspections through the New York City permit portal or by phone at (212) 566-5000.
Inspection sequence from 2021 International Residential Code (IRC), Section R109 (Inspections). Source. An open permit left un-inspected can surface later in a title search or home sale.
Your Patio Permit checklist for New York City
- Confirm the requirement. Not confirmed, contact the office.
- Budget the fee. Check the official fee schedule for current amounts.
- Apply. Applying for a patio permit means submitting a site plan and framing plans for a roofed patio cover, since a cover is treated as its own permitted structure regardless of size. A plain concrete or paver patio slab at or near grade is, by contrast, often exempt from that same building permit requirement. Start at the New York City permit portal.
- Keep the office details handy. New York City Department of Buildings (DOB). Phone: (212) 566-5000. Address: 280 Broadway, New York, NY 10007.
- Plan for inspections. A permitted patio cover follows the same footing, frame, and final inspection sequence used for any small accessory structure, since the posts and roof framing have to be checked before they are covered and again once the work is done. An at grade patio slab that qualifies as exempt flatwork usually needs no building inspection at all, because inspections only attach to work that required a permit in the first place.
Compiled from the official sources on this page. Last checked .
Frequently asked questions
- Do you need a patio permit in New York City?
- New York City does not publish a patio-specific permit rule. DOB's "Do I Need a Permit?" page, the three tables of 1 RCNY 101-14 (which do name sheds, fences, small swimming pools, playground equipment, packaged air conditioners, retaining walls, roofing and facade work), the Project Requirements for Owner series including New Deck and Porch Installation and Outdoor Swimming Pool, the DOB Code Notes index, and the NYC311 permit articles were all checked, and none of them address a ground-level patio or at-grade paving. The only DOB mention of patios found is in the contractor-licensing context, where patio work is listed among the home improvements needing a Home Improvement Contractor license. Whether a particular at-grade patio counts as a minor alteration under AC 28-105.4.2 is a determination DOB tells owners to get from a PE, an RA, or a borough office; note that a raised deck or porch definitively does require a permit. Always confirm with the New York City Department of Buildings (DOB) before starting.
- How much does a patio permit cost in New York City?
- Fees are set by New York City and are not published here. See the official fee schedule for current amounts.
- Where do you apply for a patio permit in New York City?
- You can apply through the New York City permit portal or contact the New York City Department of Buildings (DOB) directly. The links are listed on this page.
- Can a homeowner pull a patio permit themselves in New York City?
- Under New York law (Inside New York City: NYC Admin. Code 28-104.1, 28-105.1, 28-105.4, 28-105.5.1, 28-401.3 (definition of "general contractor"). Outside New York City: N.Y. Exec. Law 381(2); 19 NYCRR 1203.3(a)(1).): New York State sets no owner-builder rule at all outside New York City. Executive Law 381(2) puts administration and enforcement in the hands of each local government, and 19 NYCRR 1203.3(a)(1) only requires each authority having jurisdiction to make building permits mandatory for work that must conform to the codes, leaving who may apply to local law. The state licenses no general contractors and imposes no owner-builder affidavit, disclosure form or post-permit sale restriction of the kind Florida uses, so whether a homeowner may pull the permit is a question for the specific city, town, village or county. New York City is the genuine outlier. Administrative Code 28-105.1 makes the work itself unlawful without a written permit, and Administrative Code 28-104.1 bars the department from issuing that permit until it approves the required construction documents, which must be prepared by or under the supervision of a registered design professional, meaning a licensed architect or engineer, as required by the code. A homeowner therefore cannot self-prepare and file the plans for permit-requiring work in New York City even though Administrative Code 28-105.5.1 defines the permit applicant as the person who performs the work or retains a subcontractor, and even though the general contractor registration definition in Administrative Code 28-401.3 expressly excludes an individual who constructs a residential structure of no more than three dwelling units for his or her own occupancy. Note that Administrative Code 28-105.4 exempts minor alterations and ordinary repairs from the permit requirement entirely, so the design professional bottleneck applies only to work that needs a permit in the first place. Confirm how New York City applies this before you apply.
From the Library
What else needs a permit in New York City
Every other permit type we have verified for this jurisdiction, with the rule that applies here.
| Project | Permit needed? | Threshold | Typical fee |
|---|---|---|---|
| Deck Permit | Permit required | Not specified | Filed as an alteration on form PW1. |
| Electrical Permit | It depends | Not specified | Table 28-112.2 item 16, "Permit for electrical work," is "As provided by department... |
| Fence Permit | It depends | fences accessory to one- and two-family dwellings, measured from the higher of the two adjoining grades | No DOB filing fee where the fence is exempt. |
| HVAC Permit | It depends | packaged air-conditioning units installed in an existing one- or two-family dwelling that are not part of an alteration otherwise requiring a permit; the same exemption is capped at 3 tons in all other buildings | No DOB filing fee where the unit fits the 1 RCNY 101-14 exemption. |
| Plumbing Permit | It depends | direct replacement of an existing fixture or faucet that does not alter the hot and cold shutoff valves or the fixture trap | Limited Alteration Application is the usual homeowner-scale route. |
| Pool Permit | It depends | outdoor in-ground or above-ground pools accessory to a one- or two-family dwelling, where the distance from the edge of an in-ground pool to any building or lot line exceeds the depth of the deepest part of the pool and a slop sink for indirect waste already exists or is installed under a plumbing permit | No DOB filing fee for a pool that meets the 1 RCNY 101-14 Table 1 exemption, though a... |
| Roof Replacement Permit | It depends | the permit requirement turns on whether the roof deck or sheathing is replaced, and on whether the NYC Energy Conservation Code calls for additional thermal insulation | No DOB filing fee for reroofing that stays above the deck. |
| Shed Permit | It depends | temporary portable freestanding sheds accessory to a one- or two-family dwelling that are also no more than 7 feet 6 inches high, at least 3 feet from every lot line, used for household storage, do not obstruct a required window, and are the only such shed on the tax lot | No DOB filing fee where the shed meets every condition in 1 RCNY 101-14 Table 1. |
| Solar Permit | It depends | solar landscape lights are the only solar work DOB exempts from permit | Solar Panels is work type SL, an alteration priced on construction cost and requiring a... |
Patio Permit in other New York localities
Everything above, sourced
Code references
National and state model-code sections the general guidance on this page is drawn from. They are not New York City documents; the office above sets the local rules.
Verified by a person against the sources above on , not confirmed with New York City Department of Buildings (DOB). Rules change; confirm before you build. How we verify.
Last checked: Report an error on this page
Compare Patio Permit requirements across New York localities
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Patio Permit across New York