Patio Permit in Durham, North Carolina
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Issued byDurham City-County Building & Safety Department (formerly the Durham City-County Inspections Department), a joint City of Durham and Durham County department that issues building, electrical, mechanical and plumbing permits for both the City of Durham and unincorporated Durham County
By Mario Bailey, verified against official sources
Quick answer
Durham City-County Building & Safety does not publish a rule for an uncovered patio or slab. The word "patio" does not appear on its Accessory Structures, Fences & Walls, Pools, Plot Plans, Small Project Plan Review or Applications & Forms pages, in its four permit fee schedules, or in its Small Project Review checklists, so whether a bare at-grade patio needs a permit here cannot be confirmed from the department's own material.
Applying yourself? Start with the office.
What a patio permit costs in Durham
How Durham compares in North Carolina
| Jurisdiction | Permit needed? | Threshold |
|---|---|---|
| Charlotte | Permit required | Any size |
| Durhamthis page | Not confirmed | Not confirmed |
| Greensboro | It depends | Before building an elevated patio that needs retaining walls or foundation walls, and... |
| Mecklenburg County | It depends | covered attached patios require a building permit; ground-level uncovered patios generally do not require a building permit but still need zoning clearance |
| Raleigh | Permit required | Any size |
| Wake County | Permit required | Any size |
How to apply in Durham
In Durham, 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).
- For Durham, 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. Durham City-County Building & Safety Department (formerly the Durham City-County Inspections Department), a joint City of Durham and Durham County department that issues building, electrical, mechanical and plumbing permits for both the City of Durham and unincorporated Durham County sets the exact checklist for Durham.
Where to apply in Durham:
Durham City-County Building & Safety Department (formerly the Durham City-County Inspections Department), a joint City of Durham and Durham County department that issues building, electrical, mechanical and plumbing permits for both the City of Durham and unincorporated Durham County
- 101 City Hall Plaza, Ground Floor, Suite 400, Durham, NC 27701
- Phone: 919-560-4144
- Email: permittechnicians@durhamnc.gov
Patio Permit in Durham compared with nearby North Carolina localities
| Locality | Permit needed? | Threshold | What each North Carolina schedule says | Verified |
|---|---|---|---|---|
| Durham | Not confirmed | Not confirmed | Not published | |
| Charlotte | Permit required | Any size | ...permit value under the LUESA Fee Ordinance (revised July 1, 2026), where $1 to... | |
| Greensboro | It depends | Before building an elevated patio that needs retaining walls or foundation walls, and... | Building Permit Fee Schedule, Document #1005 dated 12/19/24: 'Minimum permit fee - $85' | |
| Mecklenburg County | It depends | covered attached patios require a building permit; ground-level uncovered patios generally do not require a building permit but still need zoning clearance | Trade permit priced off total construction value with a $59.70 minimum for projects not... | |
| Raleigh | Permit required | Any size | ...through June 30, 2027), Building and Safety: "Minimum Trade Permit Fee" of $124.00... |
Inspections and closing out your permit
In Durham, 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.
- In Durham: 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).
- In Durham: 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).
- In Durham: 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).
- In Durham: 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).
- In Durham: 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 Durham permit portal or by phone at 919-560-4144.
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 Durham
- Confirm the requirement. Not confirmed, contact the office.
- Budget the fee. Check the official fee schedule for current amounts.
- Apply. In Durham, 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 Durham permit portal.
- Keep the office details handy. Durham City-County Building & Safety Department (formerly the Durham City-County Inspections Department), a joint City of Durham and Durham County department that issues building, electrical, mechanical and plumbing permits for both the City of Durham and unincorporated Durham County. Phone: 919-560-4144. Address: 101 City Hall Plaza, Ground Floor, Suite 400, Durham, NC 27701.
- Plan for inspections. In Durham, 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 .
Permitting activity in Durham
In 2025, Durham authorized permits for 4,483 new residential housing units (2,518 single-family, 1,965 in multi-family buildings), valued at $1.3B, up from 2,793 the year before. That works out to about 15.7 permits per 1,000 residents.
Source: U.S. Census Bureau, Building Permits Survey, 2025 annual data · population 285,809.
Frequently asked questions
- Do you need a patio permit in Durham?
- Durham City-County Building & Safety does not publish a rule for an uncovered patio or slab. The word "patio" does not appear on its Accessory Structures, Fences & Walls, Pools, Plot Plans, Small Project Plan Review or Applications & Forms pages, in its four permit fee schedules, or in its Small Project Review checklists, so whether a bare at-grade patio needs a permit here cannot be confirmed from the department's own material. Always confirm with the Durham City-County Building & Safety Department (formerly the Durham City-County Inspections Department), a joint City of Durham and Durham County department that issues building, electrical, mechanical and plumbing permits for both the City of Durham and unincorporated Durham County before starting.
- How much does a patio permit cost in Durham?
- Fees are set by Durham and are not published here. See the official fee schedule for current amounts.
- Where do you apply for a patio permit in Durham?
- You can apply through the Durham permit portal or contact the Durham City-County Building & Safety Department (formerly the Durham City-County Inspections Department), a joint City of Durham and Durham County department that issues building, electrical, mechanical and plumbing permits for both the City of Durham and unincorporated Durham County directly. The links are listed on this page.
- Can a homeowner pull a patio permit themselves in Durham?
- Under North Carolina law (N.C. Gen. Stat. 87-1(a), 87-1(b)(2), 87-14(a)(1), 160D-1113, 160D-1115): A North Carolina homeowner may pull the permit and do the work. G.S. 87-1(a) reaches general contracting only where the cost of the undertaking is $40,000 or more, and G.S. 87-1(b)(2) then exempts a person who constructs or alters a building on land that person owns, provided the building is intended solely for occupancy by that person and his family after completion and the person complies with G.S. 87-14. There is no outright ban on selling, but there is a look-back that works like one: if the building is not occupied solely by the person and his family for at least 12 months following completion, the statute presumes the person did not intend the building solely for that occupancy, which defeats the exemption. G.S. 87-14(a)(1) requires an owner claiming the exemption to execute a verified affidavit attesting that they own the property, that they will personally superintend and manage all aspects of the construction and will not delegate that duty to anyone unlicensed, and that they will be personally present for all inspections required by the State Building Code unless a licensed architect sealed the plans. The inspector transmits that affidavit to the Licensing Board, and if the Board determines the exemption was not available the building permit is revoked under G.S. 160D-1115. The exemption removes the general contractor license requirement only. It does not exempt the work from permits or inspections, and G.S. 160D-1113 provides that when a permit is held by an owner exempt under 87-1(b)(2), no inspection may be conducted without the owner present unless an architect sealed the plans. Confirm how Durham applies this before you apply.
From the Library
What else needs a permit in Durham
Every other permit type we have verified for this jurisdiction, with the rule that applies here.
| Project | Permit needed? | Threshold | Typical fee |
|---|---|---|---|
| Bathroom Remodel Permit | It depends | cost of the remodel work on a single-family residence | No Change to Rough-in": 1-4 fixtures $65.00 |
| Deck Permit | It depends | Before building a new deck or altering its load-bearing structure | ...Schedule F "Miscellaneous": "Residential decks (single and two-family)"... |
| Electrical Permit | It depends | Before installing, extending, altering or generally repairing any electrical wiring... | ...7/1/18, Includes Technology Surcharge): "Minimum electrical permit fee"... |
| EV Charger Permit | Permit required | Any size | ...on individual branch circuits and not covered in other schedules, each" $10.90... |
| Fence Permit | It depends | Only when the fence or wall is on a property in a designated flood plain, is used as a... | See schedule |
| HVAC Permit | Permit required | Any size | ...of a heating/cooling system with any concealed ductwork or component"... |
| Plumbing Permit | It depends | Before installing, extending or generally repairing any plumbing system | No Change to Rough-in": 1-4 fixtures $65.00 |
| Pool Permit | Permit required | Any size | See schedule |
| Roof Replacement Permit | It depends | cost of the roof replacement work on a single-family residence | ...Surcharge), Schedule F "Miscellaneous": "Residential Reroofing (addition)"... |
| Shed Permit | Permit required | Any size | ...Technology Surcharge), Schedule C "Accessory Buildings": "No footing" $50.00... |
| Solar Permit | Permit required | Any size | ...Schedule G "Miscellaneous": "Solar panel inspections" "Residential"... |
| Water Heater Permit | It depends | Before installing a new water heater, or replacing one with a change in fuel, location... | ...Technology Surcharge), Schedule E: "Electric water heater (permit required)"... |
Patio Permit in other North Carolina localities
Everything above, sourced
Code references
National and state model-code sections the general guidance on this page is drawn from. They are not Durham documents; the office above sets the local rules.
How this patio permit page for Durham was verified. 1 official source: durhamnc.gov; fee schedule: official document. Last checked by Mario Bailey, not confirmed with Durham City-County Building & Safety Department (formerly the Durham City-County Inspections Department), a joint City of Durham and Durham County department that issues building, electrical, mechanical and plumbing permits for both the City of Durham and unincorporated Durham County. Rules change; confirm before you build. How we verify.
Last checked: Report an error on this page
Compare Patio Permit requirements across North Carolina localities