What Doesn't Need a Permit in Austin (and What Does)

Austin publishes a list of residential work that doesn't need a building permit. It's more generous than many people assume, and it has some exceptions that catch people. Here's a guided tour, then the next tier up: express permits. This applies to the City of Austin only. Suburbs have their own lists.

Exempt from a building permit (with conditions)

Finish work

• Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

Small structures

• One-story detached tool and storage sheds, playhouses and shade-cloth structures up to 120 square feet, not in a flood hazard area.
• Playground equipment and swings.
• Window awnings projecting no more than 54 inches and supported only by the exterior wall.

Decks and flatwork

• Decks of no more than 200 square feet, no more than 30 inches above grade, not attached to the house, not providing egress, and not in a flood hazard area.
• Sidewalks and driveways not more than 30 inches above adjacent grade, not over a basement, not part of an accessible route, and not in a flood hazard area.

Fences and walls

• Fences not over 7 feet, unless in a flood hazard area.
• Retaining walls not over 4 feet (bottom of footing to top of wall), unless supporting a surcharge or in a flood hazard area.

Roofing and repairs

• Asphalt shingles replacing asphalt shingles, and roof coverings that don't adversely affect the structure, unless the property is in the Wildland-Urban Interface and 50% or more of the roof is being replaced.
• Roof decking, siding, foundation and floor decking repairs up to 128 square feet each.
• Drywall repairs up to 128 square feet that aren't part of a fire-rated or shear-wall assembly or a tub and shower surround.
• Non-structural deck board repairs that don't include guardrails or handrails.

Pools

• Prefabricated, above-ground pools under 24 inches deep and up to 5,000 gallons, not in a flood hazard area.

Exempt doesn't mean unregulated

Even exempt work must comply with:

• zoning (setbacks, height, impervious cover);
• tree protection for regulated trees;
• floodplain rules, where "flood hazard area" removes many exemptions;
• historic district review for exterior changes to contributing properties;
• HOA and deed restrictions;
• trade permits. Electrical, plumbing and mechanical work generally still needs permits even when the building work is exempt.

The next tier: express permits

Austin's Residential Express Building Permits cover specific small projects, and the city says most are issued in one business day. Examples:

• foundation repairs over 128 square feet without increasing impervious cover;
• roof work with decking replacement over 128 square feet, or 50%+ replacement in the WUI;
• siding additions or removals over 128 square feet;
• size-for-size window replacements;
• fire and vehicle damage repairs, with documentation.

If work outgrows the express scope, the city requires a new residential building permit application.

Everything else: residential plan review

Additions, new units, structural remodels, decks beyond the exemption, attached patio covers and pools generally go through residential plan review.

How to use this list

1. Find your project on the exempt list and check every condition.
2. Check whether you're in a flood hazard area, the WUI or a historic district.
3. Check whether trade work is involved.
4. When in doubt, ask Development Services before you start.

See the related guides: fencing, outdoor living, roofing and hardscaping.

Exempt doesn't mean unregulated

Even when no building permit is needed, other rules still apply:

• Zoning and setbacks. A permit-exempt shed or deck still has to meet setbacks and impervious cover limits. Impervious cover counts toward your lot's maximum, which is a common surprise with patios and sport courts.
• Trade permits. A deck may be exempt, but adding a light circuit or outdoor outlet needs an electrical permit. Moving a water heater needs a plumbing permit.
• Trees. Protected and heritage trees are regulated regardless of whether the project itself needs a permit. See Austin tree rules.
• Historic districts. Exterior changes to contributing properties may need review even when the building code doesn't require a permit.
• HOA rules. Many subdivisions require architectural approval for fences, sheds and exterior colors.
• Easements. Fences and sheds in utility easements can be removed by the utility at your cost.

When in doubt, ask the Development Services Department before starting. Unpermitted work can complicate a sale and may need to be opened up for inspection later.