Patio Permit in Town of Brookhaven, New York
It depends
Sometimes, depending on the project
Before laying a patio that will sit more than eight inches above grade at any point, or before building a roofed or enclosed structure over one.
By Mario Bailey, verified against official sources
Quick answer
Brookhaven treats patios the same way it treats decks and walkways. Zoning Sec. 85-12.B exempts patios that are not above grade greater than eight inches at any point, constructed of any material, when accessory to a one- or two-family dwelling and in a conforming location. A raised patio above that line needs a building permit, and roofing one over is a separate matter: 'Roof Over' is one of the town's named residential permit types and requires an itemized cost estimate with the application.
Typical threshold: patio rising more than eight inches above grade at any point.
Who is pulling this permit?
Apply yourself
Hire it out
Before you sign, ask the contractor:
- Who pulls the permit, you or me, and is the permit fee included in the bid?
- Which inspections will this job need, and who meets the inspector on site?
- Is your contractor license active in this locality, and under which business name?
When a permit is usually needed
Before laying a patio that will sit more than eight inches above grade at any point, or before building a roofed or enclosed structure over one.
What a patio permit costs in Town of Brookhaven
How Town of Brookhaven 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 |
| Rochester | It depends | aggregate size of a paved area or of an addition to a paved area |
| Town of Brookhaventhis page | It depends | patio rising more than eight inches above grade at any point |
How to apply in Town of Brookhaven
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. Town of Brookhaven Division of Building (Building Division), Department of Planning, Environment and Land Management sets the exact checklist for Town of Brookhaven.
Where to apply in Town of Brookhaven:
Town of Brookhaven Division of Building (Building Division), Department of Planning, Environment and Land Management
- 1 Independence Hill, Farmingville, NY 11738
- Phone: 631-451-6333
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 Town of Brookhaven permit portal or by phone at 631-451-6333.
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 Town of Brookhaven
- Confirm the requirement. Sometimes, depending on the project. Typical threshold: patio rising more than eight inches above grade at any point. Usually needed: Before laying a patio that will sit more than eight inches above grade at any point, or before building a roofed or enclosed structure over one.
- Budget the fee. No Building Division fee schedule is published. Town Code Sec. 16-7 provides that the fee schedule is set by Town Board resolution. Permit fees are payable by check or money order only to the Town of Brookhaven.
- 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 Town of Brookhaven permit portal.
- Keep the office details handy. Town of Brookhaven Division of Building (Building Division), Department of Planning, Environment and Land Management. Phone: 631-451-6333. Address: 1 Independence Hill, Farmingville, NY 11738.
- 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 Town of Brookhaven?
- Brookhaven treats patios the same way it treats decks and walkways. Zoning Sec. 85-12.B exempts patios that are not above grade greater than eight inches at any point, constructed of any material, when accessory to a one- or two-family dwelling and in a conforming location. A raised patio above that line needs a building permit, and roofing one over is a separate matter: 'Roof Over' is one of the town's named residential permit types and requires an itemized cost estimate with the application. Patio rising more than eight inches above grade at any point. Always confirm with the office before starting.
- How much does a patio permit cost in Town of Brookhaven?
- No Building Division fee schedule is published. Town Code Sec. 16-7 provides that the fee schedule is set by Town Board resolution. Permit fees are payable by check or money order only to the Town of Brookhaven. Contact the office for current amounts.
- Where do you apply for a patio permit in Town of Brookhaven?
- You can apply through the Town of Brookhaven permit portal or contact the Town of Brookhaven Division of Building (Building Division), Department of Planning, Environment and Land Management directly. The links are listed on this page.
- Can a homeowner pull a patio permit themselves in Town of Brookhaven?
- 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 Town of Brookhaven applies this before you apply.
From the Library
What else needs a permit in Town of Brookhaven
Every other permit type we have verified for this jurisdiction, with the rule that applies here.
| Project | Permit needed? | Threshold | Typical fee |
|---|---|---|---|
| Deck Permit | It depends | deck rising more than eight inches above grade at any point | No Building Division fee schedule is published. |
| Electrical Permit | Permit required | Not specified | The Town of Brookhaven does not charge a separate electrical permit fee |
| Fence Permit | It depends | fence taller than four feet in a secondary front yard on a corner lot or through lot | Brookhaven publishes no Building Division fee schedule. |
| HVAC Permit | It depends | installation of listed portable heating, ventilation or cooling equipment or appliances | No Building Division fee schedule is published. |
| Plumbing Permit | It depends | minor repairs to existing plumbing systems | No Building Division fee schedule is published. |
| Pool Permit | It depends | pool structure extending more than 18 inches below grade, measuring how far the pool sits below grade and not the depth of the water, which is the code's test for an in-ground pool | No Building Division fee schedule is published. |
| Roof Replacement Permit | It depends | repair work that has no impact on fire and life safety, meaning no impact on the structural system, the required means of egress, or the fire protection system | No Building Division fee schedule is published. |
| Shed Permit | It depends | detached one-story storage shed larger than 144 square feet, or any shed not located in the rear yard | No Building Division fee schedule is published. |
| Solar Permit | Permit required | Not specified | No Building Division fee schedule is published. |
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 Town of Brookhaven documents; the office above sets the local rules.
Verified by a person against the sources above on , not confirmed with Town of Brookhaven Division of Building (Building Division), Department of Planning, Environment and Land Management. 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
Permit office
Town of Brookhaven Division of Building (Building Division), Department of Planning, Environment and Land Management
631-451-6333Permit portalCompare
Patio Permit across New York