Deck permits and fence approvals in Whitby, Ontario

Whitby, Ontario, Canada

Whitby requires a building permit for decks over 0.6 metres high. An ordinary fence does not need a permit, but it must comply with the fence bylaw and stay within private property.

Key information

Whitby requires a building permit for decks over 0.6 metres high. An ordinary fence does not need a permit, but it must comply with the fence bylaw and stay within private property.

On this page

Before construction at a glance

Before construction
  1. Check deck size and setbacks in Zoning Bylaw 1784

    Check deck size and setbacks in Zoning Bylaw 1784. Ask Building Services about the exact height boundary if the deck is precisely 0.6 m.

  2. Obtain a current survey before fencing so the fence stays within

    Obtain a current survey before fencing so the fence stays within your property and avoids town land.

  3. For a shared division fence

    For a shared division fence, send registered-mail notice at least 14 days before construction or repair, including the basic new-fence cost. A written neighbour agreement should record the work and cost sharing.

Sources: Decks and fences

Approval thresholds

Approval thresholds
ProjectTown guidance
Deck over 0.6 mBuilding permit required
Deck below 0.6 mNo deck permit
Ordinary fenceNo permit, bylaw still applies
Pool over 0.6 m deepPool safety enclosure and permit
Fence above permitted heightApply for a fence exemption

Sources: Decks and fences

Before construction

  1. Check deck size and setbacks in Zoning Bylaw 1784. Ask Building Services about the exact height boundary if the deck is precisely 0.6 m.
  2. Obtain a current survey before fencing so the fence stays within your property and avoids town land.
  3. For a shared division fence, send registered-mail notice at least 14 days before construction or repair, including the basic new-fence cost. A written neighbour agreement should record the work and cost sharing.

Sources: Decks and fences

Fence-height exemption routes

An exemption up to 2.2 metres is reviewed by the Commissioner of Legal and Enforcement Services or designate. Heights over 2.2 m to 3.0 m, or 3.5 m for industrial properties, go to a virtual Municipal Licensing and Standards Committee hearing. Requests above 3.0 m beyond committee authority go to Council.

Neighbour cost-sharing is based on the bylaw’s standard 4-foot chain-link fence, rather than automatically half of an upgraded design. Written agreements can set different arrangements. If there is a dispute, use the town’s official process rather than treating this guide as a decision about liability.

Sources: Decks and fences

Questions and answers

Does a low deck need a permit?

The town says decks below 0.6 m do not need a deck permit; size and setback rules still apply.

Source: Decks and fences

Is an ordinary fence permit mandatory?

No. Compliance with the fence bylaw and property boundary remains mandatory.

Source: Decks and fences

Can I place a fence on town land?

No. It can lead to penalties or required removal.

Source: Decks and fences

Why is a survey useful?

It helps establish the private boundary before the fence is built.

Source: Decks and fences

How much notice is needed for a division fence?

Registered-mail notice at least 14 days before construction or repair, including the basic fence cost.

Source: Decks and fences

Does a luxury fence automatically create a half-cost claim?

No. The town’s basic-cost measure is a standard 4-foot chain-link fence unless the written agreement sets another arrangement.

Source: Decks and fences

Can a tall fence receive an exception?

Apply online for a Fence Exemption. The review route depends on the proposed height.

Source: Decks and fences

Who reviews a fence up to 2.2 m?

The Commissioner of Legal and Enforcement Services or a designate.

Source: Decks and fences

What happens at a committee-height request?

A virtual hearing considers the application, staff report and public comments. A decision letter follows by email.

Source: Decks and fences

Are pool fences treated like ordinary fences?

No. A pool over 0.6 m deep requires a compliant enclosure and a permit before installation.

Source: Decks and fences

Sources: Decks and fences

Official services and applications