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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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.
| Work | Permit? | Why |
|---|---|---|
| Retaining wall (any height that holds a grade) | Yes | Structural — excluded from the exemption; taller walls need sealed engineering |
| Driveway apron where the drive meets the street | Yes — a right-of-way permit | The apron is in the public right-of-way, whatever the exemption says about the rest of the drive |
| New or widened driveway on the lot | Ask the office | Many 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 wall | Often exempt under $7,500 | No structural work; the request is made in writing with the contract |
| Slab for a shed, outdoor kitchen or pergola | Usually yes | The structure on top is permitted and the slab is its foundation |
| Seat wall or garden wall that holds no grade | Usually no | Not structural; HOA review may still apply |
| Any of the above in a mapped flood hazard area | Yes | The 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.
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 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.
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.
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.
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.
| Place | County | Permit office |
|---|---|---|
| Concrete driveways and pavers in Orlando | Orange | City of Orlando Permitting Services inside city limits; Orange County for unincorporated addresses such as Conway, Dr. Phillips and Azalea Park |
| Baldwin Park and Lake Nona | Orange | City of Orlando Permitting Services, after the architectural review board |
| Concrete driveways and pavers in Oviedo | Seminole | City of Oviedo Building Division; Black Hammock, Chuluota and Geneva through Seminole County |
| Winter Springs, Casselberry, Longwood | Seminole | Each city's building division |
| Lake Mary, Sanford, Altamonte Springs | Seminole | City of Lake Mary Building Division; City of Sanford Building Division; City of Altamonte Springs Building Division |
| Winter Park and Maitland | Orange | City of Winter Park Building Division (tree rules apply near protected trees); City of Maitland Building Division |
| Apopka, Ocoee, Winter Garden, Windermere | Orange | Each 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. Cloud | Osceola | City of Kissimmee Building Division; City of St. Cloud Building Division; Osceola County for unincorporated addresses |
| Celebration | Osceola | Osceola County Building Department, after Celebration's architectural review |
The full list with ADU rules: who issues your permit in Seminole, Orange and Osceola County.
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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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