What You Can Build Without a Permit — Sheds, Fences & the 200 Sq Ft Rule
The IRC carries a short list of work exempt from a building permit. Every item on it has a threshold, and every threshold has a catch: the exemption is from the building permit, not from the code, the zoning ordinance, or the utility permits.
Worth knowing
- Zoning never sleeps: setbacks, lot coverage, easements and HOA rules apply to a 100 sq ft shed exactly as to a 300 sq ft one.
- Exempt does not mean non-compliant — the shed still has to meet the code if anyone checks, and a sale inspection is usually when someone checks.
- Jurisdictions amend this list constantly — 120 sq ft is still the shed threshold in many localities that kept older editions. Confirm the local number before buying the kit.
- Running power to the exempt shed is the step that ends the exemption in practice: the feeder needs an electrical permit, burial depth per NEC 300.5, and often GFCI protection.
Common questions
What does the code say about detached sheds for Shed & Small Project Permits?
One-story detached accessory structures up to 200 sq ft of floor area. (IRC R105.2)
What does the code say about fences for Shed & Small Project Permits?
Fences up to 7 ft tall. (IRC R105.2)
What does the code say about retaining walls for Shed & Small Project Permits?
Walls up to 4 ft measured from the bottom of the footing, with no surcharge. (IRC R105.2)
Adopted edition by state
Base-code year from BuildSpec’s adoption records. States often amend the base code, and your city or county may differ, so confirm with your building department.
Related sections and guides
This guide is BuildSpec’s own summary, not code text. It cites the 2021 International Residential Code and the 2023 National Electrical Code as model standards. The IRC 2021 text itself is in the Code Library for signed-in members; BuildSpec publishes no NEC text, which is at nfpa.org.Neither is an adoption record: your state may be on a different edition with amendments — check your jurisdiction page or get an Address Report.