What you can build without a permit in Texas

By Mario Bailey Last checked 15 Aug 2026 · 53 official sources

Quick answer

Across the 10 Texas jurisdictions we have verified, 0 of 99 project rules need no permit at all, 51 turn on a size or scope condition the jurisdiction publishes, and 48 require a permit regardless. Fence work is where the answer most often comes with a published condition rather than a flat yes: 10 of the 10 jurisdictions that answer publish one. The numbers are not statewide: fence thresholds alone run from 6 to 8 feet depending on the jurisdiction.

How to read this page

"No permit" means the jurisdiction publishes that the work needs no building permit. "Depends" means it publishes a size, height, depth, cost or scope condition that decides the answer, quoted in its own words in the last column; the number beside it is the figure that condition turns on, and which side of the number is exempt is stated by the condition, not by us. Exempt from a building permit is not exempt from zoning, setbacks, height limits, flood rules, an HOA, or a separate electrical, plumbing or mechanical permit, and several of the conditions below say exactly that.

Fence

All 10 make the fence answer turn on a size or scope condition the jurisdiction publishes, and the 6 that state a number publish figures from 6 to 8 feet.

Jurisdiction	Permit	Published figure	What the rule says
Arlington	Depends	50 percent	share of one side of an existing fence being repaired or replaced.
Austin	Depends	7 feet	fences over 7 ft high at any point require a permit; fences over 6 ft along public ROW require a permit; fences in a floodplain at any height require a permit.
Corpus Christi	Depends	7 feet	Fences taller than 7 feet in height need a building permit; fences 7 feet or less in height are on the city's published exemption list.
Dallas	Depends	6 feet	fences in side or rear yard over 6 ft require a permit; front yard fences over 4 ft require a permit.
El Paso	Depends	42 inches	Masonry walls and fences are measured against 42 inches in height; chain link fences are measured against a separate and higher trigger of 6 feet in height. The material determines which of the two applies.
Fort Worth	Depends	7 feet	height of a solid fence, with open wire fences without slats exempt up to 8 feet.
Houston	Depends	8 feet	fences over 8 ft above grade require a permit; masonry or concrete fences require a permit regardless of height.
Lubbock	Depends		A separate fence permit is required except where the fence is built as part of a new-construction building permit.
Plano	Depends	25 percent	share of an existing fence's area repaired, measured over any 12-month period.
San Antonio	Depends	6 feet	fences over 6 ft in height require a permit; fences 6 ft or under generally do not require a permit in San Antonio.

Patio

9 of 10 make the patio answer turn on a size or scope condition the jurisdiction publishes, and the 3 that state a number publish figures from 6 to 30 inches. San Antonio requires a permit for patio work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Arlington	Depends	30 inches	height of an uncovered patio above grade at any point.
Austin	Depends		at-grade sidewalks, driveways, and concrete flatwork outside the public right-of-way are exempt; a covered patio or attached patio cover requires a residential building permit.
Corpus Christi	Depends	200 sq ft	Every attached patio cover or carport needs a permit regardless of size; a detached patio cover or carport needs one once it is larger than 200 square feet.
Dallas	Depends	200 sq ft	detached patio covers of 200 sq ft or less on single-family or duplex premises are exempt; attached patio covers and those over 200 sq ft require a permit.
El Paso	Depends	30 inches	Concrete work more than 30 inches above grade, or concrete that will support a structure, requires a permit; a detached patio cover is permitted under the city's porches and canopies entry.
Fort Worth	Depends	6 inches	height of the patio platform or walk above grade; a patio cover is a separate accessory structure regardless of the slab height.
Houston	Depends		patio covers and enclosed patios require a permit; unroofed ground-level concrete slabs generally do not; impervious cover limits may trigger additional review.
Lubbock	Depends		A patio cover or other patio structure attached to the residence is an addition and is permitted regardless of square footage.
Plano	Depends		Plano treats a patio cover as an accessory building, and its "When Is a Permit Required?" handout lists patio covers alongside storage sheds, gazebos and carports as construction needing a permit.
San Antonio	Permit required		A permit is required in San Antonio for patio covers and additions, as they are classified as residential improvements or additions.

Shed

9 of 10 make the shed answer turn on a size or scope condition the jurisdiction publishes, and the 9 that state a number publish figures from 100 to 200 sq ft. Fort Worth requires a permit for shed work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Arlington	Depends	100 sq ft	floor area of a one-story detached tool or storage shed.
Austin	Depends	200 sq ft	one-story detached accessory structures used as tool or storage sheds with floor area no greater than 200 sq ft and no more than 15 ft in height and no plumbing and not in a floodplain are exempt.
Corpus Christi	Depends	200 sq ft	Detached storage buildings larger than 200 square feet need a building permit; accessory structures 200 square feet or less are on the city's published exemption list.
Dallas	Depends	200 sq ft	one-story detached utility or storage buildings under 200 sq ft without utilities on single-family or duplex premises are exempt from a permit.
El Paso	Depends	200 sq ft	The exemption covers accessory storage buildings or structures of less than 200 square feet of floor area, and is limited to one such accessory structure per site.
Houston	Depends	120 sq ft	one-story detached accessory structure under 120 sq ft does not require a permit.
Lubbock	Depends	200 sq ft	The building permit threshold for a detached accessory building is 200 square feet of floor area.
Plano	Depends	120 sq ft	floor area of a one-story detached accessory structure.
San Antonio	Depends	200 sq ft	sheds over 200 sq ft require a permit; sheds with a permanent foundation (including concrete slab) at any size require a permit; sheds attached to the primary dwelling require a permit.
Fort Worth	Permit required		Fort Worth requires a building permit for every storage building, with no size floor.

Pool

8 of 10 make the pool answer turn on a size or scope condition the jurisdiction publishes, and the 5 that state a number all publish 24 inches. Houston and San Antonio require a permit for pool work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Arlington	Depends	24 inches	depth of a prefabricated inflatable swimming pool.
Austin	Depends	24 inches	prefabricated pools less than 24 inches deep are exempt; all other residential pools require a permit.
Corpus Christi	Depends	5,000 gallons	Every in-ground pool needs a permit; an above-ground pool needs one once it holds more than 5,000 gallons or is more than 24 inches deep, and prefabricated pools under both figures are on the city's published exemption list.
Dallas	Depends	5,000 gallons	prefabricated pools with walls completely above grade capacity under 5000 gallons and depth less than 24 inches are exempt; all other pools require a permit.
El Paso	Depends	24 inches	Pools and ponds over 24 inches of depth require a permit, as do above ground pools containing 5,000 gallons of water or more.
Fort Worth	Depends	5,000 gallons	capacity of a prefabricated pool accessory to a single-family dwelling and installed entirely above ground.
Lubbock	Depends	24 inches	The permit threshold for a pool or spa is 24 inches of depth; a circulation system, or not being drained on a daily basis, are two separate alternative triggers.
Plano	Depends	24 inches	depth of a prefabricated swimming pool.
Houston	Permit required		A building permit and plan review are required for all residential in-ground pools and spas in Houston.
San Antonio	Permit required		A building permit is required in San Antonio for residential swimming pools and spas.

Deck

8 of 9 make the deck answer turn on a size or scope condition the jurisdiction publishes, and the 4 that state a number all publish 200 sq ft. San Antonio requires a permit for deck work regardless of size. 1 publishes no answer we could verify.

Jurisdiction	Permit	Published figure	What the rule says
Arlington	Depends	30 inches	height of an uncovered deck above grade at any point.
Austin	Depends	200 sq ft	uncovered decks with area no greater than 200 sq ft and no more than 30 inches above grade and not attached to the dwelling and not providing required egress and not in floodplain are exempt.
Corpus Christi	Depends	200 sq ft	A deck needs a permit if it is larger than 200 square feet, or more than 30 inches above the ground, or attached to a dwelling, or serving the exit door; any one of the four triggers alone requires the permit.
Dallas	Depends	30 inches	decks platforms walks or driveways not more than 30 inches above grade and not over any basement or story on single-family or duplex premises are exempt.
Fort Worth	Depends	6 inches	height of the platform, walk or deck above grade, and whether it sits over a basement or story below.
Houston	Depends	200 sq ft	deck not exceeding 200 sq ft and not more than 30 in above grade and not attached to dwelling and not serving required exit door is exempt from permit.
Lubbock	Depends		A structure attached to an existing residence is an addition and is permitted regardless of square footage.
Plano	Depends	200 sq ft	deck area, and the exemption also requires the deck to be no more than 30 inches above grade at any point, unattached to the dwelling or townhouse, and not serving the required exit door.
San Antonio	Permit required		A building permit is required in San Antonio for residential decks.

Roof Replacement

7 of 10 make the roof replacement answer turn on a size or scope condition the jurisdiction publishes, and the 3 that state a number publish figures from 10 to 25 percent. Houston, Lubbock and San Antonio require a permit for roof replacement work regardless of size.

Jurisdiction	Permit	Published figure	What the rule says
Arlington	Depends	10 percent	area of roof covering material being replaced.
Austin	Depends		asphalt shingle re-roofing is generally exempt unless property is in the Wildland-Urban Interface area and 50% or more of the roofing is being replaced.
Corpus Christi	Depends	100 sq ft	The 100 square feet measures the area of shingles replaced. A re-roof permit is triggered by replacing shingles in excess of 100 square feet, by changing the slope of the roof, by removing and replacing roof decking, or by changing the roof material; any one trigger alone requires the permit.
Dallas	Depends	500 USD	re-roofing of single-family or duplex valued at $500 or less does not require a permit; re-roofing valued over $500 or full replacement requires a permit.
El Paso	Depends	25 percent	The 25 percent is a share of the residential roof covering being replaced, measured across the roof rather than as an area in square feet or a count of squares.
Fort Worth	Depends		whether any decking, sheathing, lathing boards, rafters, or ridge boards are replaced.
Plano	Depends	25 percent	share of the roof being re-roofed.
Houston	Permit required		A building permit is required in Houston for residential roof replacement and roofing overlays.
Lubbock	Permit required		A roofing permit covers tear off and replacement; changing the roof framing or pitch takes a remodeling permit instead.
San Antonio	Permit required		A re-roof permit is required in San Antonio for residential roof replacement and re-roofing projects.

If the work is already built

Texas has no statewide criminal penalty for building without a permit because the state itself does not issue building permits. State law adopts the International Residential Code and the International Building Code as municipal codes, and each city administers and enforces them under its own ordinances (Local Government Code 214.212 and 214.216).

Texas penalties, the after-the-fact path, and what the statute actually says

1 of the 100 rules we hold for Texas are unresolved because the jurisdiction publishes no answer; they are counted nowhere above. The 99 answered rules come from 53 official sources, each linked from the permit page behind every jurisdiction name. See the full picture for the state on the Texas permit requirements page, or the national view of which projects need a permit at all on Do you need a building permit?

This page compiles what each Texas jurisdiction publishes, with a last checked date. It is not legal advice, and a project that is exempt from a building permit can still need zoning approval or a trade permit. Confirm with the office linked from the jurisdiction's page before you build.