If someone built a deck without a permit, is there a way to get it permitted after the fact if it was built to code properly, or would that incur some sort of fine?

Yes, retroactive permitting is possible in New Brunswick — but it comes with some complications and likely extra costs. Most municipalities and Regional Service Commissions will work with homeowners to bring unpermitted structures into compliance, especially when the work was done to code. That said, "after-the-fact" permits are treated differently than permits obtained before construction, and you should go in with realistic expectations.

The typical process works like this: You contact your local building permit authority — either your municipality (City of Moncton, City of Fredericton, City of Saint John, etc.) or your Regional Service Commission if you're in a rural area — and disclose that the deck was built without a permit. You'll submit the same documentation you would have submitted beforehand: site plan showing the deck location and setbacks, construction drawings with dimensions, footing depths, joist sizing, ledger attachment details, and guardrail specifications. The inspector will then schedule a site visit to assess whether the work meets the National Building Code of Canada 2020 requirements (now in effect for NB as of May 1, 2025).

Here's where it gets tricky. If the inspector can't verify what's hidden — like footing depths, ledger bolting, or joist hangers — they may require you to expose those elements for inspection. That could mean digging around footings or removing decking boards. If anything doesn't meet code, you'll be required to bring it up to standard before the permit can be issued. Guardrail height (minimum 900mm for decks under 1.8m, 1,070mm above that), post-to-beam connections, and proper ledger attachment to the house are the most common failure points on DIY decks.

On the question of fines — this varies by jurisdiction. Some NB municipalities charge a penalty on top of the standard permit fee for after-the-fact applications, sometimes doubling the permit fee. Others treat it as a standard application with no additional penalty, particularly if you come forward voluntarily rather than being caught during a property sale or complaint inspection. It's worth calling your local building office and asking directly — most inspectors appreciate homeowners who proactively seek compliance rather than trying to hide the work.

The standard permit fee for a deck in NB typically runs $150 to $600 depending on the municipality and the assessed value of the structure. An after-the-fact penalty, if applied, could bring that to $300–$1,200.

One situation where this becomes urgent: if you're selling the house. Real estate lawyers and home inspectors routinely flag unpermitted structures, and buyers' lenders may require the permit to be resolved before closing. Getting ahead of it now is far less stressful than scrambling during a sale.

Your best first move is a straightforward phone call to your local building department — explain the situation honestly and ask about their process for retroactive permits. Most inspectors are practical people who want compliant structures, not to penalize homeowners who made an honest mistake. You can also browse our directory at New Brunswick Construction Network to find a local contractor who can help you prepare the as-built drawings if needed.