Deck Permit in Town of Hempstead, New York
Permit required
Yes, a permit is required
Before building, enlarging or rebuilding a residential deck.
By Mario Bailey, verified against official sources
Quick answer
The Department of Buildings takes residential decks as building permit applications and publishes a deck instruction sheet requiring a notarized Affidavit of Property Owner, a recent unaltered survey, a plot plan and complete construction drawings suitable for a New York State code review. Second story decks raise the bar: the Department requires drawings signed and sealed by an architect or engineer. Where the deck involves no electrical or plumbing work, a notarized Affidavit of No Plumbing and Electrical is filed with the application. Freestanding decks around a pool are separately caught by the pool setback rules and must sit within the four foot pool setback.
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 building, enlarging or rebuilding a residential deck.
What a deck permit costs in Town of Hempstead
How Town of Hempstead compares in New York
| Jurisdiction | Permit needed? | Threshold |
|---|---|---|
| Buffalo | Permit required | Not specified |
| New York City | Permit required | Not specified |
| Rochester | It depends | height of the deck surface above grade |
| Town of Brookhaven | It depends | deck rising more than eight inches above grade at any point |
| Town of Hempsteadthis page | Permit required | Not specified |
How to apply in Town of Hempstead
A residential deck permit application is a set of construction documents that show what will be built and prove it meets the IRC deck provisions. In practice that means a scaled site plan locating the deck and its setbacks, plus deck plans and structural details covering the footings, posts, beams, joists, ledger, guards, and stairs.
What most deck permit applications include:
- A permit application identifying the work, the deck's size (square footage), and whether electrical work such as lights or receptacles is included, submitted for plan review before construction begins (IRC R106).
- A scaled site plan (for example 1/4 inch to 1 foot) showing the new deck's location relative to the house, its overall length and width, and dimensioned distances from the deck to all property lines and other structures so required setbacks can be verified (IRC R106.1.1).
- A deck plan drawn to scale showing overall dimensions and the framing layout: joist size, spacing, span, and species; beam size and span; post size and height; and footing or pier size and depth (IRC R507.4 posts, R507.5 beams, R507.6 joists, R507.3 footings).
- A section or side elevation with connection details showing the ledger attachment to the house band joist with flashing, the fastener or bolt schedule, joist hangers, post-to-beam and post-to-footing connections, and the required lateral load connection (IRC R507.9 ledger connection, R507.9.2 lateral connection, R507.2.4 flashing).
- Footing sizing derived from tributary area, the soil bearing value, and design loads per IRC Table R507.3.1, with footings shown bearing on undisturbed soil at the frost depth required by the jurisdiction (IRC R507.3).
- Details for the guards required where the walking surface is more than 30 inches above grade, and for the stairs and handrails, showing guard height and opening limits, stair riser and tread dimensions, and handrail location (IRC R312 guards, R311.7 stairs and handrails).
- For designs that fall outside the prescriptive R507 tables (for example multi-story or stacked decks, or a ledger attached to a cantilever), engineered and stamped structural plans are submitted in place of the prescriptive details (IRC R507.1 and R301).
General submittal guidance from IRC R106.1.1 (construction documents) and IRC R507 (exterior decks), 2021 IRC. Source. Town of Hempstead Department of Buildings sets the exact checklist for Town of Hempstead.
Where to apply in Town of Hempstead:
Town of Hempstead Department of Buildings
- One Washington Street, 2nd Floor, Hempstead, NY 11550
- Phone: 516-538-8500
- Email: TOHBuildingQuestions@hempsteadny.gov
Inspections and closing out your permit
Deck work is inspected in sequence as it is built: the footings before concrete is placed, the framing before the decking boards go down, and a final inspection once the deck is complete. Each stage checks the items that would be hidden or unsafe if missed.
- Footing or pier inspection: after the holes are dug and any forms or reinforcing are set but before concrete is placed, the inspector checks footing depth and diameter, a flat undisturbed bearing surface, and that the holes are free of water (IRC R109.1.1 foundation inspection; R507.3 footings).
- Framing inspection: after the deck is framed but before the decking conceals it, the inspector verifies the ledger attachment and its flashing, the fastener and bolt schedule, joist hangers and metal connectors, post-to-beam and post-to-footing connections, and the lateral load connection; call it before decking is installed (IRC R109.1.4 frame inspection; R507.9 ledger and flashing).
- Final inspection: after the deck is complete and before it is used, the inspector confirms guard height and opening limits (a 4 inch sphere must not pass, 4 3/8 inch at stairs), stair riser and tread dimensions, handrail height and graspability where there are 4 or more risers, stair landings, and required stair lighting (IRC R109.1.6 final inspection; R312 guards, R311.7 stairs and handrails).
Schedule each inspection in advance and pass the final before you use the work or close the permit. Request inspections through the Town of Hempstead permit portal or by phone at 516-538-8500.
Inspection sequence from IRC R109 (inspections: R109.1.1 footing before concrete, R109.1.4 frame, R109.1.6 final), 2021 IRC. Source. An open permit left un-inspected can surface later in a title search or home sale.
Your Deck Permit checklist for Town of Hempstead
- Confirm the requirement. Yes, a permit is required. Usually needed: Before building, enlarging or rebuilding a residential deck.
- Budget the fee. Charged as a building permit under Town Code 86-11C(1) as amended by Local Law No. 20-2024 (effective 4-2-2024): $200 for residential work with an estimated cost up to $1,000, then $200 plus $18 for each additional $1,000 or fraction thereof of estimated cost. A deck built before the permit was issued is charged under 86-11C(2) at $400 plus $36 per additional $1,000. A $100 residential certificate of completion fee is payable when the permit is issued (86-11L). Official fee schedule.
- Apply. A residential deck permit application is a set of construction documents that show what will be built and prove it meets the IRC deck provisions. In practice that means a scaled site plan locating the deck and its setbacks, plus deck plans and structural details covering the footings, posts, beams, joists, ledger, guards, and stairs. Start at the Town of Hempstead permit portal.
- Keep the office details handy. Town of Hempstead Department of Buildings. Phone: 516-538-8500. Address: One Washington Street, 2nd Floor, Hempstead, NY 11550.
- Plan for inspections. Deck work is inspected in sequence as it is built: the footings before concrete is placed, the framing before the decking boards go down, and a final inspection once the deck is complete. Each stage checks the items that would be hidden or unsafe if missed.
Compiled from the official sources on this page. Last checked .
Frequently asked questions
- Do you need a deck permit in Town of Hempstead?
- The Department of Buildings takes residential decks as building permit applications and publishes a deck instruction sheet requiring a notarized Affidavit of Property Owner, a recent unaltered survey, a plot plan and complete construction drawings suitable for a New York State code review. Second story decks raise the bar: the Department requires drawings signed and sealed by an architect or engineer. Where the deck involves no electrical or plumbing work, a notarized Affidavit of No Plumbing and Electrical is filed with the application. Freestanding decks around a pool are separately caught by the pool setback rules and must sit within the four foot pool setback. Always confirm with the Town of Hempstead Department of Buildings before starting.
- How much does a deck permit cost in Town of Hempstead?
- Charged as a building permit under Town Code 86-11C(1) as amended by Local Law No. 20-2024 (effective 4-2-2024): $200 for residential work with an estimated cost up to $1,000, then $200 plus $18 for each additional $1,000 or fraction thereof of estimated cost. A deck built before the permit was issued is charged under 86-11C(2) at $400 plus $36 per additional $1,000. A $100 residential certificate of completion fee is payable when the permit is issued (86-11L). See the official fee schedule for current amounts.
- Where do you apply for a deck permit in Town of Hempstead?
- You can apply through the Town of Hempstead permit portal or contact the Town of Hempstead Department of Buildings directly. The links are listed on this page.
- Can a homeowner pull a deck permit themselves in Town of Hempstead?
- 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 Hempstead applies this before you apply.
From the Library
What else needs a permit in Town of Hempstead
Every other permit type we have verified for this jurisdiction, with the rule that applies here.
| Project | Permit needed? | Threshold | Typical fee |
|---|---|---|---|
| Electrical Permit | Permit required | Not specified | The Town charges no electrical permit fee. |
| Fence Permit | Permit required | Not specified | Charged as a building permit under Town Code 86-11C(1) as amended by Local Law No. |
| HVAC Permit | Permit required | Not specified | Town Code 86-11I(2), as adopted by Local Law No. |
| Plumbing Permit | Permit required | Not specified | Town Code 86-11N, as adopted by Local Law No. |
| Pool Permit | Permit required | Not specified | Charged as a building permit under Town Code 86-11C(1) as amended by Local Law No. |
| Shed Permit | Permit required | Not specified | Charged as a building permit under Town Code 86-11C(1) as amended by Local Law No. |
| Solar Permit | Permit required | Not specified | The flat solar fee is gone. |
Deck 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 Hempstead documents; the office above sets the local rules.
Verified by a person against the sources above on , not confirmed with Town of Hempstead Department of Buildings. Rules change; confirm before you build. How we verify.
Last checked: Report an error on this page
Compare
Deck Permit across New York