Outdoor Living Blog | Screen Porches, Decks & Outdoor Kitchens | Design Builders, Inc.

Deck Permits in Maryland & Virginia: Who's Actually Responsible and for what.

Written by James Moylan | Tuesday, July 28, 2026

 

If a contractor building your deck asks you to go pull the permit, stop and ask why.

Design Builders, a Virginia Class A licensed contractor (license #2705141736, MHIC #93361), has built decks, screened porches, and outdoor kitchens in Montgomery County, MD and Fairfax County, VA since 2006 — and pulling the permit has never once been a homeowner's job on any of those projects. It's the contractor's responsibility, full stop. It's not a courtesy, and it's not something homeowners are expected to handle themselves. A licensed contractor is equipped to navigate local building codes, submit the required documentation, and manage the review process from start to finish. When that responsibility gets shifted back onto you, it's rarely an accident, and it's almost never a good sign.

Why This Matters

Skipping the permit step isn't a paperwork technicality. Building without one risks fines, stop-work orders, and — in the worst cases — a demolition order for a structure the county never approved. None of that is the homeowner's fault when the contractor should have handled it. But homeowners are the ones left dealing with the consequences: delayed home sales, insurance complications, and the cost of tearing out work that was never signed off on in the first place.

This is true across jurisdictions, not just one county. Whether a project is in Montgomery County, Fairfax County, or a neighboring jurisdiction, the same principle applies: the person holding the contractor's license is the one accountable for making sure the project meets code, and that accountability starts with the permit. A contractor who understands this treats the permit step as part of doing the job right, not as an inconvenience to delegate.

Five Reasons a Contractor Might Push the Permit Back on You

1. They're not actually licensed. Maybe you were told they're licensed but never saw documentation. Maybe what they showed you wasn't legitimate. Maybe they're working under someone else's license because they haven't secured their own. Whatever the reason, verify a contractor's license directly with the state before signing anything — don't take their word for it.

2. They have a history of complaints. A contractor with a track record of code violations or unresolved complaints may have a harder time getting permits approved under their own name, and asking the homeowner to pull it is one way to sidestep that friction. Ask for references. Talk to past clients. A pattern of complaints is a pattern, not bad luck.

3. They don't know how. Pulling a permit isn't complicated, but it does require knowing the local process — and that's exactly the kind of administrative competence you're paying for. A contractor who's new, recently relocated, or simply never learned this part of the job is telling you something about how the rest of the project will go too.

4. They can't afford to. If a contractor says the permit is too expensive and asks you to cover it or pull it yourself, treat that as a financial red flag, not a one-time favor. A contractor who's already stretched thin on a permit fee may come back asking for more money mid-project for materials or labor — and by then, walking away is a lot harder.

5. They don't think it's worth their time. This shows up most often on smaller jobs, or "friend of a friend" discounted work. If a contractor feels like the project isn't worth the administrative effort, that same attitude tends to bleed into craftsmanship and material choices. Asking you to get the permit "since it's a smaller job" is often the first sign the project isn't getting full attention.

What to Do Instead

Before hiring anyone to build a deck, screened porch, or outdoor structure:

  • Confirm their license number directly with the state licensing board
  • Ask whether they'll handle the permit as part of the contract, not as an add-on
  • Request references from recent, similar-sized projects
  • Be wary of any contractor who frames permitting as your responsibility, your cost, or "not necessary" for a smaller build

A licensed, established contractor treats the permit as part of the job because it is part of the job — it protects the homeowner, the project, and the contractor's own license standing. If that step gets pushed back onto you, it's worth pausing before you sign anything else.

Considering a deck, screened porch, or outdoor kitchen project in Montgomery County or Fairfax County? Talk to a licensed contractor who handles the permit process from day one — not one who hands it back to you.

Frequently Asked Questions

Who is responsible for pulling a deck permit — the homeowner or the contractor? The contractor is responsible for pulling the permit, without exception. In Montgomery County, MD and Fairfax County, VA, a licensed contractor is equipped to navigate local building codes and submit the required documentation — this isn't a task homeowners are expected to handle themselves.

What does it mean if a contractor asks me to pull the permit myself? It's a red flag. It can mean the contractor isn't actually licensed, has a history of complaints that makes getting permits under their own name difficult, doesn't know how to navigate the local permitting process, is financially overextended, or simply doesn't think the project is worth the administrative effort.

What happens if a deck is built without a permit? Building without a permit risks fines, stop-work orders, and in the worst cases a demolition order for a structure the county never approved. It can also complicate a home sale later and create insurance issues, since the work was never signed off on.

How can I verify that a deck contractor is properly licensed? Confirm the contractor's license number directly with the state licensing board rather than taking their word for it or accepting a document they hand you. Asking for references from recent, similar-sized projects is another way to check their track record before signing a contract.

Does this permit responsibility apply in every county, or just Montgomery and Fairfax? The same principle applies across jurisdictions. Whether a project is in Montgomery County, Fairfax County, or a neighboring county, the licensed contractor is accountable for making sure the project meets code, and that accountability starts with pulling the permit.