What happens if I build a deck without a permit in New Brunswick?

Building a deck without a required permit in New Brunswick exposes you to stop-work orders, fines of up to $5,200 per offence under the Community Planning Act, mandatory demolition orders, and serious complications when you sell your property. The consequences extend well beyond the initial fine and can follow you for years.

New Brunswick municipalities enforce building permits through their local building inspection departments, and the consequences escalate depending on when the unpermitted work is discovered and how cooperative the property owner is. The most immediate risk is a stop-work order. If a building inspector or bylaw enforcement officer identifies unpermitted construction in progress, they will issue an order requiring all work to cease immediately. Continuing construction after a stop-work order is a separate offence that carries additional penalties.

The financial penalties under the New Brunswick Community Planning Act are meaningful. Section 190 allows municipalities to impose fines of up to $5,200 for individuals and higher amounts for corporations for violations of the building bylaw. Each day that a violation continues can be treated as a separate offence, so the fines can accumulate quickly if a homeowner refuses to comply. In practice, most municipalities in New Brunswick, including Fredericton, Moncton, and Saint John, prefer to bring property owners into compliance rather than pursue maximum penalties, but they have the legal authority to escalate.

The compliance process for an already-built unpermitted deck is more disruptive than most homeowners expect. The municipality will typically require you to apply for a permit retroactively, which involves submitting the same drawings and specifications that would have been required before construction. A building inspector will then examine the existing structure, but since the footings, framing, and connections are already concealed or completed, they often cannot verify critical structural elements. This frequently results in requirements to expose hidden work by removing decking boards to inspect joists, digging around footings to verify depth, or even removing skirting to assess post connections. If the inspector finds code violations, and unpermitted decks very commonly have them, you must correct every deficiency before the permit can be closed.

The most common code violations found in unpermitted New Brunswick decks include footings that do not reach the frost line of 48 to 60 inches, ledger boards attached with nails instead of through-bolts or lag screws, inadequate or missing joist hangers, railing heights below the required 42 inches for decks more than 24 inches above grade, and baluster spacing exceeding the maximum 4 inches. A nailed ledger board is particularly dangerous because it is a leading cause of deck collapse across North America, and inspectors treat this as a critical life-safety deficiency requiring immediate correction.

The real estate consequences are often the most costly in the long run. When you sell your property, the buyer's lawyer will check municipal records for outstanding permits and code compliance. An unpermitted deck will appear as either a missing permit or an open permit file, both of which can delay or derail a sale. Buyers may demand a price reduction of $10,000 to $20,000 or more, or require the deck be brought into compliance before closing. Title insurance may cover some scenarios, but policies vary and the coverage is not guaranteed.

Home insurance is another vulnerability. If an unpermitted deck fails and causes injury or property damage, your insurer may deny the claim on the grounds that the structure was not built to code and was never inspected. This leaves you personally liable for medical costs, property damage, and legal fees.

The permit itself typically costs between $50 and $300 depending on the municipality and deck size, which is insignificant compared to the potential consequences. For most residential decks in New Brunswick, the permit process takes 1 to 3 weeks and requires a site plan, construction drawings, and one or two inspections during construction.

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