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Planning guide · Permits

Do you need a permit for a driveway, patio or retaining wall in Florida?

A patio slab under $7,500 with no structural work can be exempted; a driveway apron in the right-of-way and any retaining wall are permitted. The exemption, the apron, HOA review, drainage and the office for each city. Updated October 2026.

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Updated October 2026
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It depends on where the concrete goes and whether it holds anything up. Since July 1, 2026, a single-family owner in Florida can request an exemption from a building permit for work valued under $7,500, but the exemption excludes any structural work and any property in a flood hazard area. A patio slab, walkway or paver patio on your own lot with no wall and no structure can qualify; a retaining wall is structural and is permitted whatever it costs; and the driveway apron where your drive meets the street sits in the public right-of-way, which needs its own permit from the city or county regardless of the exemption. HOA and architectural review of width, materials and colours is separate and usually comes first. We check all of it before pricing and pull what is needed under licence CGC1539321.

At a glance

Which concrete and paver work needs a permit in Florida?

WorkPermit?Why
Retaining wall (any height that holds a grade)YesStructural — excluded from the exemption; taller walls need sealed engineering
Driveway apron where the drive meets the streetYes — a right-of-way permitThe apron is in the public right-of-way, whatever the exemption says about the rest of the drive
New or widened driveway on the lotAsk the officeMany jurisdictions permit driveways and check impervious-surface limits; under $7,500 with no structural work an exemption can be requested
Patio slab, walkway or paver patio with no wallOften exempt under $7,500No structural work; the request is made in writing with the contract
Slab for a shed, outdoor kitchen or pergolaUsually yesThe structure on top is permitted and the slab is its foundation
Seat wall or garden wall that holds no gradeUsually noNot structural; HOA review may still apply
Any of the above in a mapped flood hazard areaYesThe exemption never applies in a flood hazard area

Exempt means not reviewed and inspected, not that the work is outside the code: the Florida Building Code, 8th Edition (2023) still applies, and a project may not be split to get under $7,500.

The rule

What does the 2026 permit exemption say, and where does concrete fall?

HB 803 (chapter 2026-63, now in F.S. 553.79) took effect July 1, 2026. Local governments must exempt single-family homeowners and their contractors from a building permit for work valued under $7,500, after a written request with the contract; the exemption excludes any electrical, plumbing, structural, mechanical or gas work and any property in a flood hazard area, and bars splitting a project to get under the threshold.

For concrete and pavers the dividing line is structure. A slab, walkway or paver patio that holds nothing up and supports no structure is not structural work, so a modest one can be exempted on request. A retaining wall holds back soil and is structural; a slab that carries a shed, an outdoor kitchen or a pergola is that structure's foundation and is reviewed with it. A paver driveway on your lot is a grey area that each office decides: many permit driveways because they change drainage and lot coverage, so we ask before pricing rather than assume.

The apron

Why does the driveway apron need its own permit?

The strip between your property line and the street — the apron, the sidewalk crossing and the curb cut — is public right-of-way owned by the city or the county, not by you. Work there needs a right-of-way permit from the office that maintains the street, with the apron built to that office's standard for thickness, width and the sidewalk crossing, and it is separate from any building permit for the driveway on your lot. Widening a driveway at the street, adding a second curb cut or replacing a cracked apron all go through it; we file it with the driveway.

Before the permit

What do HOAs and historic districts review?

In most planned communities — Tuscawilla, Heathrow, Baldwin Park, Lake Nona, Celebration, the Windermere estate communities, Horizon West — the association's architectural review board approves driveway width, parking pads, materials, paver colours and patterns before the work starts, and that approval is separate from the permit. Historic districts in Longwood, Sanford, Winter Park, Winter Garden and Orlando review street-facing changes the same way, and Winter Park's tree rules govern any slab or driveway near a protected tree's roots. Some lots and jurisdictions also cap impervious surface — the share of the lot that can be covered by roof, slab and pavement — which can limit how wide a driveway or how large a patio can be.

Water

What about drainage and flood zones?

Every slab and paver surface sheds water somewhere. We pitch driveways toward the street and patios away from the house, and add channel drains and downspout extensions where the grade leaves no other path, so runoff does not pool against the foundation or run onto a neighbour's lot. In a mapped flood hazard area the exemption never applies, so every job there is permitted; look the address up on the FEMA Flood Map Service Center. Concrete and paver work alone rarely approaches the substantial-improvement threshold — 50% or more of the building's market value (44 CFR 59.1) — but it counts toward it when done with a larger remodel.

City or county

Which office issues the permits in Orlando and Seminole County?

The city if the property is inside city limits, the county if it is unincorporated — the mailing address does not settle it, and the right-of-way permit comes from whichever of them maintains your street.

PlaceCountyPermit office
Concrete driveways and pavers in OrlandoOrangeCity of Orlando Permitting Services inside city limits; Orange County for unincorporated addresses such as Conway, Dr. Phillips and Azalea Park
Baldwin Park and Lake NonaOrangeCity of Orlando Permitting Services, after the architectural review board
Concrete driveways and pavers in OviedoSeminoleCity of Oviedo Building Division; Black Hammock, Chuluota and Geneva through Seminole County
Winter Springs, Casselberry, LongwoodSeminoleEach city's building division
Lake Mary, Sanford, Altamonte SpringsSeminoleCity of Lake Mary Building Division; City of Sanford Building Division; City of Altamonte Springs Building Division
Winter Park and MaitlandOrangeCity of Winter Park Building Division (tree rules apply near protected trees); City of Maitland Building Division
Apopka, Ocoee, Winter Garden, WindermereOrangeEach city's building division inside its limits; Orange County for unincorporated addresses (much of Wekiwa Springs, Horizon West and the Windermere estate communities)
Kissimmee and St. CloudOsceolaCity of Kissimmee Building Division; City of St. Cloud Building Division; Osceola County for unincorporated addresses
CelebrationOsceolaOsceola County Building Department, after Celebration's architectural review

The full list with ADU rules: who issues your permit in Seminole, Orange and Osceola County.

The contract

What should the estimate and contract show?

  • Price per square foot and the measured area, with the base work, removal and hauling, reinforcement, finish and drains itemised.
  • Permits and HOA submittals shown separately — the right-of-way permit for the apron, the building permit for a wall.
  • The licence number on the proposal and the contract, as Florida requires on every bid and advertisement (F.S. 489.119); verify it on the DBPR licence search. Ours is CGC1539321.
  • Notice of Commencement recorded and posted before the first inspection when a permitted contract is greater than $5,000 (F.S. 713.135).
  • Deposit — a contractor who takes more than 10% up front must apply for the permit within 30 days and start within 90 days of its issue (F.S. 489.126).
  • Curing time written into the schedule — when you can walk on the slab and when vehicles can use it.
The work

How is a permitted driveway, patio or wall built?

  1. Site visit: the existing surface, soil and base, where the water goes, the apron and right-of-way, access for equipment and the concrete truck.
  2. Scope and per-square-foot estimate; HOA or design-review submittal where it applies.
  3. Right-of-way permit for the apron and building permit for a retaining wall or a structure's slab, filed with the city or county for your address.
  4. Excavation and compacted base, pitched away from the house; footing and drainage behind a retaining wall.
  5. Forms, reinforcement and control joints for concrete, or bedding sand and edge restraint for pavers; the pour or the laying; inspections called where a permit applies.
  6. Curing, joint sand, clean-up, the permit closed and a walkthrough.
Google reviews

5.0★ on Google · 7 reviews

Quoted word for word from our Google Business Profile (Oct 2026). Reviewers name the work; we add nothing.

★★★★★
Thank you, Right Image Inc., for our new roof, stucco, and bathroom remodel! Our home looks refreshed, and we’re very happy with the results. Vladimir and his team were helpful throughout the project and took care of the details. We appreciate your hard work and highly recommend your services!
Elcira S. — Google review, Oct 2026 · new roof, stucco & bathroom remodel
★★★★★

Right Image Inc. built my ADU and installed a new roof, and I’m very pleased with how everything turned out. Vladimir and his team were easy to work with, answered my questions, and paid attention to the details. Thank you for helping bring this project to life!

Antonio R. · Google, Oct 2026 · ADU & new roof
★★★★★

Excellent service at a reasonable price! They repaired a roof leak around a pipe vent, and I’m very happy with the work. I appreciate their help and would highly recommend them to anyone needing a roof repair.

Victor · Google, Oct 2026 · roof leak repair

Sources (primary sources, checked 2026-10-16): F.S. 553.79 · Florida Building Code · F.S. 713.135 · F.S. 489.126 · F.S. 489.119 · 44 CFR 59.1 · FEMA Flood Map Service Center · DBPR. This page explains rules in general terms; it is not legal advice, and the building department for your address has the final word.

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Driveway and patio permit FAQ

Common questions

Often not for a patio on your own lot with no wall and no structure on it: since July 1, 2026 a single-family owner can request an exemption for work valued under $7,500 with no structural work, outside a flood hazard area. A patio that carries a pergola or an outdoor kitchen, includes a retaining wall or sits in a flood hazard area is permitted, and an HOA or historic district may still review it.
The apron at the street always needs a right-of-way permit from the city or county that maintains the street. The driveway on your lot depends on the office: many permit driveways because they change drainage and lot coverage, while a small one under $7,500 with no structural work can be exempted on a written request. We ask the office for your address before pricing.
Yes. A wall that holds back a grade change is structural work, which Florida's $7,500 exemption never covers, so it is permitted whatever it costs; above the height your jurisdiction allows without it, sealed engineering goes in with the permit. Low seat and garden walls that hold no grade are usually not permitted work.
It can require approval first. Most planned communities review driveway width, parking pads, materials and paver colours through an architectural review board, and some impose impervious-surface limits of their own; that approval is separate from any permit and usually has to be in hand before the building department will issue one.
The City of Oviedo Building Division inside the city limits — the right-of-way permit for the apron and the building permit for a retaining wall. Black Hammock, Chuluota and Geneva addresses are unincorporated Seminole County and go through the Seminole County Building Division. A patio slab with no structural work is often exempt; we confirm the scope first.
It can. A retaining wall or an apron built without the permit was never inspected, and the missing permit can surface when the house is sold or when the city repairs the street or sidewalk at the apron. The building department for the address can explain how after-the-fact permits are handled; we look at existing work during the site visit and tell you what we find.
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