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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
- 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.
- 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.
- 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
| Project | Town guidance |
|---|---|
| Deck over 0.6 m | Building permit required |
| Deck below 0.6 m | No deck permit |
| Ordinary fence | No permit, bylaw still applies |
| Pool over 0.6 m deep | Pool safety enclosure and permit |
| Fence above permitted height | Apply for a fence exemption |
Sources: Decks and fences
Before construction
- 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.
- Obtain a current survey before fencing so the fence stays within your property and avoids town land.
- 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