Do You Need a Permit to Build a Deck or Fence in Victoria, BC?
Decks and fences are the two outdoor projects homeowners most often assume are permit free. One of those assumptions is usually wrong. In Greater Victoria, most decks need a building permit and most fences do not, but a fence still has to follow height and placement rules that change at every municipal boundary.
This guide covers what applies in Victoria, Saanich, Oak Bay, Esquimalt and View Royal, where the rules differ, and what to settle before the first post goes in the ground. If you already know what you want built, our pages on deck building in Victoria and fence installation in Victoria cover how we work.
The Short Answer
Decks: usually yes. A new deck, a larger deck or a full rebuild of an old one generally needs a building permit.
Fences: usually no, but the rules still apply. A standard residential fence does not normally need a building permit. It does have to stay within the height limits in the zoning bylaw for your municipality.
The detail is in which municipality you live in.
Deck Permits in Greater Victoria
City of Victoria
The City of Victoria's deck handout says a building permit is needed before construction begins. The permit is only half of it. A deck also has to comply with the Zoning Regulation Bylaw, and this is where projects get caught.
Setbacks. The deck and its stairs must meet the minimum distances from every property line. Those distances can differ from where your house sits today, because many older Victoria homes were built closer to the lot line than current zoning allows.
Site coverage. A deck counts toward the share of your lot that structures are allowed to cover. On a small lot that already has a garage or a shed, a large deck can put you over.
Accessory buildings. A new deck cannot leave an existing shed or detached garage short of its required separation from the house.
If a design cannot meet zoning, a variance is possible through the Board of Variance or a Development Variance Permit. Both add time, so it is better to know before the design is final. The City's Permit Finder lets you check a specific project, and its guide to adding a deck sets out the zoning rules.
Saanich
Saanich has a dedicated residential deck permit, and it covers more than new builds. Adding a deck, enlarging one, making one smaller and reconstructing an existing deck to the same dimensions in the same location are all listed as deck permit projects. That last one surprises people. Taking down a tired deck and building the same thing again is still a permit job.
Saanich may also ask for ground elevations confirmed by a BC Land Surveyor, and a property in a streamside, floodplain or rural fire interface area can need a development permit as well.
Starting without a permit is expensive there. Saanich can post a stop work order, and the permit fee is doubled, up to $20,000 above the standard fee. The District's permit questions and answers page has the details.
Oak Bay, Esquimalt and View Royal
Each runs its own building department, with its own forms, fees and review times. The BC Building Code applies in all of them, so the principle carries over. A raised deck attached to your house is a permit project. Confirm with the municipal office before you plan around a start date.
What About a Low Deck?
Many municipalities in British Columbia treat a low platform differently from a raised deck, and the line often sits at about 600 mm, or 2 feet, above the ground. Do not assume the exemption applies to you. A low deck still has to meet setbacks and site coverage, and the answer depends on your municipality and on whether the deck attaches to the house. Ask before you build.
Guards and Stairs
Once a deck surface is more than 600 mm above the ground, the BC Building Code requires a guard. On a house, the guard must be at least 900 mm high, rising to 1,070 mm where the deck is more than 1.8 metres above the ground. The openings must be small enough that a 100 mm ball cannot pass through.
This matters most on replacements. Many older decks in Victoria have railings that were acceptable when they were built and are too low or too open now. A rebuild brings the guard up to the current code.
Fence Rules in Greater Victoria
No building permit does not mean no rules. Fence height is set by zoning in each municipality, and the pattern is consistent across the region.
Front yards have a lower limit, commonly around 1.2 metres, or 4 feet.
Side and rear yards allow more, commonly 1.8 to 2 metres, or 6 to 6.5 feet.
View Royal is a clear example. Its zoning bylaw sets 1.2 metres in the front yard and 2 metres elsewhere. In the City of Victoria, the rear yard limit is 1.83 metres. Saanich, Oak Bay and Esquimalt each set their own numbers, so we check the bylaw for your address before we quote a height.
Four things catch homeowners out.
Retaining walls. If your fence sits on top of a retaining wall, the wall can count toward the height. View Royal measures from the base of the wall, so a 1.8 metre fence on a 1 metre wall is treated as a 2.8 metre fence. On the sloped lots common across Greater Victoria, this comes up often. A tall retaining wall can also need a permit of its own. In Saanich that applies at 1.2 metres, and to shorter walls on steep slopes.
Lattice. A lattice top usually counts toward the height of the fence.
Corner lots. Fences near an intersection are often held lower so that drivers can see.
Pools. A fence that encloses a swimming pool has its own requirements.
Heritage designated properties and strata lots add another layer of approval for both decks and fences.
Property Lines and Neighbours
A fence in the wrong place is a bigger problem than a fence at the wrong height. An old fence is not proof of where your property line runs. If the survey pins cannot be found, a BC Land Surveyor can mark the line before anything is built along it.
If the fence is shared, talk to your neighbour early and agree in writing on the style, the height and who pays. We are glad to meet with both of you.
One more step comes before any post hole. BC 1 Call is a free service that shows where buried gas, power and communication lines run. It should be requested before anyone digs.
How Long Does a Deck Permit Take?
Review time depends on the municipality, the season and how complete the application is. Plan on weeks, not days, and longer if a variance or a development permit is involved.
Most homeowners start thinking about a deck in spring, which is when everyone else does too. A deck that is designed and permitted over the winter is ready to build when the weather turns. The build itself usually takes one to three weeks on site.
What Happens If You Skip the Permit
An unpermitted deck tends to surface at the worst time. It comes up when you sell, when you make an insurance claim, or when a neighbour calls the municipality. The fix can mean opening finished work for inspection or taking it down. Our guide to renovation permits in Victoria covers this in more detail.
Deck and Fence Permit FAQs
Do I need a permit to replace my deck boards?
Replacing worn surface boards on a sound frame is generally treated as maintenance. Replacing the frame, the footings, the stairs or the guard is a different matter. The line is not identical in every municipality, so confirm before you start. If you are not sure which job you have, we will look at the structure and tell you.
How high can my backyard fence be in Victoria?
In the City of Victoria, the limit for a rear yard fence is 1.83 metres, or 6 feet, and front yard limits are lower. Across the rest of Greater Victoria, side and rear yard limits run from about 1.8 to 2 metres. The exact number comes from the zoning bylaw for your municipality.
Do I need a permit for a pergola or a covered deck?
A roof changes things. An open arbour or trellis with no roof is exempt from a building permit in Saanich. A roofed structure is usually a permit project, and a covered deck attached to the house is generally treated as part of the house for setbacks.
Who applies for the permit?
Usually we do. Where your deck needs a permit, we will handle the application and book the inspections, though some homeowners prefer to apply themselves.
Planning a Deck or a Fence?
We build decks and fences across Victoria, Saanich, Oak Bay, Esquimalt and View Royal. Our crew will look at your yard, check the rules for your address and tell you what your project needs before any work is scheduled. If you are still choosing who to hire, our guide on how to choose a general contractor in Victoria is a good place to start.
Book a free consultation or call us at (250) 533-9666.
