Do You Need a Permit to Build a Fence in Florida? Here’s What Changed July 1, 2026.
If you’ve been waiting to get a fence built, Florida just made it simpler.
A new state law, Florida HB 803, took effect July 1, 2026. It prohibits local governments from requiring a building permit for single-family residential work valued under $7,500. Fence installation and repair are explicitly included. If your project qualifies, you don’t need to apply for a permit, pay a permit fee, or wait on a building department to approve anything. The requirement simply doesn’t apply.
You don’t have to file anything. You don’t have to request an exemption. The permit requirement is just gone for projects that qualify.
This applies statewide. Every county in Florida, including Duval, St. Johns, Clay, and Nassau.
What Does Florida HB 803 Actually Say?
HB 803 was signed by Governor DeSantis on May 6, 2026 and cleared both chambers of the Florida Legislature unanimously. It amends Florida Statute 553.79 to bar local governments from requiring a building permit on single-family residential work under $7,500, as long as the work doesn’t involve electrical, plumbing, mechanical, gas, or structural systems.
Fencing generally doesn’t touch any of those systems. Wood, vinyl, aluminum, chain link, mixed material. If the project value is under $7,500, the local building permit requirement is gone.
The $7,500 threshold is based on total project value. Most standard residential fence installations come in under that number. One rule that matters: you can’t divide a larger project into smaller phases to get under the threshold. The law treats split projects as one.
Does the Flood Zone Exception Apply to Me?
Possibly, and it’s worth checking before you assume you’re covered. HB 803 does not apply to properties in FEMA-designated flood hazard areas. If your property falls in a flood zone, the standard permitting process is still required regardless of project value.
You can check your flood zone status at msc.fema.gov. Your contractor should be able to confirm this as well before your project is scheduled.
What HB 803 Does Not Change
The law removes one thing: the local building permit requirement for qualifying projects. Everything else stays in place.
HOA and ARC approval is still required. If your neighborhood has a homeowners’ association, you still need architectural review approval before installation begins. HB 803 did add one meaningful change here: HOAs are now prohibited from requiring a building permit as a precondition for their architectural review. If your HOA previously made you pull a permit before they’d even look at your application, that practice is no longer legal. But the design review itself is still required, and a good contractor handles that process with you.
Zoning rules still apply. Fence height limits, setback requirements, and material restrictions set by your county or city are still in effect.
You still have to call 811 before digging. Florida law requires it on every project, every time.
The Florida Building Code still applies. Removing the permit requirement doesn’t remove the code. Your fence still has to be built correctly by a licensed, bonded, and insured contractor.
Projects over $7,500 still require a permit. If your project comes in above the threshold, HB 803 doesn’t apply and standard permitting is still in effect.
What This Means for Northeast Florida Homeowners
Northeast Florida has one of the highest concentrations of HOA-governed communities in the state. Nocatee, Beachwalk, Beacon Lake, Ponte Vedra, World Golf Village, Fleming Island, Oakleaf. In these communities, the HOA approval process has always been the longest part of the timeline.
Here’s what HB 803 changes for you: for qualifying projects, the permit track that used to run parallel to your HOA process is gone. You go straight to HOA approval, then installation. That’s a real time savings, and for homeowners who’ve been delaying because of permitting complexity, it removes the most common reason to wait.
If you’re in an HOA community, the most important thing you can do is start the ARC submission early. Review can take two to four weeks in most communities. The sooner it’s in, the sooner you’re on the installation schedule.
Ready to Get Your Fence Built? Here’s How We Make It Easy.
At Fortera, we handle everything from the first consultation through final walkthrough. That includes permit handling where applicable, HOA submission support, utility locates, and scheduling. You don’t have to manage any of it on your own.
We serve homeowners throughout Duval, St. Johns, Nassau, and Clay counties. Every project starts with a free on-site consultation. We walk your property, discuss your goals, and give you a written estimate before anything moves forward. No obligation. No deposit required.
Our in-house, specialized crews do the work. No subcontractors. We install wood, vinyl, aluminum, chain link, and mixed material fencing using the iDrive Power System on every job: posts driven 48 inches deep into undisturbed soil, no concrete, 100 mph wind-certified.
It’s The Fortera Fencing Installation Difference, and it matters in a state where storm season runs six months a year.
Call to Schedule Your Free Estimate Now
Get started today with a free estimate and experience the professional, easy, and dependable service that sets Fortera Fencing apart.
