The true answer is that it depends on four things: the size, if it touches the house, what is on top, and where your lot is. That sounds like no answer, but the rules follow a few simple ideas.
This guide gives those ideas for our area and a list of questions to ask. It is general information, not legal advice. The town, the county or the HOA has the final word, and rules change. Check with the office for your address before anything is built.
The general rules
Attached to the house. A pergola that hangs from the house on one side is treated as part of the house. It usually needs a permit, whatever its size.
Freestanding, in North Carolina. The state residential code treats a detached accessory structure with any dimension over 12 feet as a building that must meet the code. So many towns and counties ask for a building permit above that size. A 10 by 12 foot footprint has no side over 12 feet. A 12 by 16 foot footprint does.
Smaller and freestanding. Under that size a building permit may not be asked for, but a zoning permit still can be. Zoning does not look at how the pergola is built. It looks at where it sits. Does it stay out of the setbacks, the strips along the property lines where nothing may be built? And how much of the lot is covered?
With a solid roof. A solid roof changes the category. A roofed structure, such as a pavilion, is a building and usually needs a building permit.
In South Carolina. We do not print a size rule for South Carolina here. Start with the right office for your lot, in the next section, and ask the same questions.
Two permits, and sometimes two offices
A building permit is about how the structure is built. A zoning permit is about where it stands on the lot. One project can need both, and they do not always come from the same office. Each town has its own office and its own form. Some examples from our area:
- Waxhaw and Marvin have an accessory structure application that asks for a site plan with the setbacks.
- Weddington. The town gives the zoning permit, and Union County gives the building permit.
- Mecklenburg County. Building permits go through the county. Zoning goes through Charlotte or the town.
- South Carolina. First find out if the lot is inside the town (Fort Mill, Tega Cay, Rock Hill) or in unincorporated York or Lancaster County. The office is different.
The city name in your mailing address does not settle which side of a town line you are on. If you are not sure, call the town, give your address and ask.
What a site plan is
Many applications ask for a site plan. A site plan is a drawing of your lot seen from above. It shows the property lines, the house and the new pergola with its size. It also shows the distance from the pergola to each property line.
Swipe the drawing sideways to see all of it.
The office compares those distances with the setbacks for your lot. A pergola that is fine in the middle of the yard can be refused two steps closer to the line.
Many owners start from the survey in their closing papers and draw the pergola on a copy. Ask the office what it accepts. From us you get a drawing of the pergola itself, with its sizes and materials.
Ten questions to ask the town or county
Have the width, the depth and the height of the pergola in front of you when you call or write.
- Is my address inside the town limits or in the county? Which office handles zoning, and which handles building permits?
- Does a pergola of this size need a building permit, a zoning permit, both or neither?
- How do you measure it: at the posts or at the tips of the rafters? Does the height count?
- Does the answer change if it attaches to the house, or if it stands on its own posts right next to the house?
- Does the answer change if it gets a cover or a solid roof later?
- What are the setbacks for an accessory structure on my lot? Is there a limit on height or on how much of the lot may be covered?
- Are there easements or buffers on my lot where nothing may be built?
- What do you need from me: which form, a site plan, drawings of the structure?
- Who may file: the owner, the builder or either one?
- Are there inspections, and how long does a review take right now?
Write down the name of the person and the date. If the answer is that no permit is needed, ask for that in an email and keep it with your house papers.
The HOA is a separate yes
A permit and an HOA approval are two different things. The town or county checks its code and its zoning. The HOA checks its own covenants. A yes from one is not a yes from the other.
Many HOAs in Union, Mecklenburg, York and Lancaster County must approve an outdoor structure before work starts. Start there, because a change the HOA asks for also changes what you show the town. Our guide on HOA pergola approval lists what to send.
Who files, and when
If your project needs a building or zoning permit, the written quote says so, and who files it is agreed in writing before any work starts. We never promise that a permit will be given. The office decides.
A permit can add weeks before the build. That is normal, so plan for it, and let nobody start before the answers are in. In South Carolina, projects over $5,000 are contracted through our licensed partner.
To start, send photos and rough sizes on the photo quote page for a free written quote. Deciding how it meets the house? Read attached vs freestanding.