Do You Need a Building Permit for a Deck or Shed in Nova Scotia?

A deck or a backyard shed looks like a simple weekend project. But many homeowners are surprised to learn that local rules can apply even to small structures, and that those rules are not the same everywhere in Nova Scotia.

This article explains how to find out whether you need a permit, what to ask your municipality about size and setbacks, and why skipping the process can cause problems later, including when you sell. It does not set out a single size limit, because the right answer depends on where your property is and what you plan to build.

This article covers the law of Nova Scotia.

The short answer: it depends on where you live and what you build

There is no one-size-fits-all answer to whether a deck or shed needs a permit. How the rules apply to your project depends on your situation, so it is worth confirming with a lawyer. Local differences also show up in other areas of property law: for example, each municipality sets its own deed transfer tax rate, and municipalities set different tax rates for residential properties and businesses.

Because of that local variation, a figure you hear from a neighbour, a contractor in another town or an online forum may not apply to your property. The reliable approach is to ask the building or planning office that covers your address before you buy materials or hire anyone.

What to ask your municipality

A short call or email to your municipality can save a lot of trouble. Having specific details ready helps you get a clear answer.

• Is a building permit required for a deck of the size and height I am planning?
• Is a permit required for a shed, and does the answer change with its size or whether it sits on a foundation?
• What are the setback rules, meaning how far the structure must be from each property line and from other buildings?
• Do zoning rules limit how much of my lot can be covered by structures?
• Are there extra rules if my property is near water, on a slope or in a special area?
• Can I get the answer in writing, and what documents or drawings will I need to apply?

Keep any reply you receive. If a question comes up later, a written answer showing what you were told and when is far more useful than a memory of a phone call.

Size thresholds and setbacks

Whether a permit is needed for a deck or shed, and how close it can be to your property line, can depend on the size and height of the structure and on where your lot is. This article does not give any specific numbers. How this applies depends on your situation, so it is worth confirming the threshold for your type of structure and the setback for your lot with your municipality.

It is also worth asking your municipality whether any rules apply even if no permit is needed. Do not assume the answer without checking.

To make sure you are talking about the right piece of land, have your property identifier ready. A PID is a parcel identification number, and a parcel register must contain the PID assigned to the parcel.

Risks of building without a permit, including when you sell

What happens if a permit was required and you did not get one depends on the local rules and your situation, so it is worth confirming with a lawyer. The details depend on local rules and your situation, so a lawyer can explain how it would apply to you.

The issue can also surface when you sell. A buyer, or the buyer's lawyer, may ask about structures on the property and whether approvals were obtained. Unresolved questions can slow a sale, lead to a request for a price change or repairs, or make a buyer walk away. The province recommends a lawyer for real property transactions, and that is a good time to raise any structure you built without being sure of the rules.

• Insurance questions may arise if work was not done to the required standard.
• A buyer may ask you to correct the issue before closing.
• Fixing a problem after the fact can cost more than doing it properly at the start.

Condos and shared property

If you own a condo or townhouse unit in a condominium, a municipal permit is only part of the picture. Condo buyers are advised to get the declaration, bylaws and common elements rules, and to ask whether the declaration prohibits any use. A balcony, patio or storage structure may be common property or limited by those documents, so check them before you plan anything.

What to do next

• Contact your municipality's building or planning office before you start.
• Describe your deck or shed: size, height, materials, foundation and location on the lot.
• Ask about permit requirements, setbacks and any zoning limits, and ask for the answer in writing.
• If you rent or own a condo, review your declaration, bylaws or lease.
• Keep permits, inspection records, drawings and receipts in one place.
• If you already built something and are unsure about it, speak with a lawyer before listing your home.

Taking these steps early usually costs little. It also leaves you with a clear record that you can show a future buyer.

Frequently asked questions