Rear wood porches are one of the defining features of Chicago housing. Nearly every converted 2-flat, 3-flat, 6-flat and courtyard building has them, they often serve as a required exit, and they take more weather than any other part of the building. For a small condo association, the porch is frequently the single largest structural item the board is responsible for, and it is also the one most likely to be put off until next year.
This guide covers what the City of Chicago Department of Buildings says about porches, when a permit is required, what an inspector checks, and how a board should run a porch program. It is general information, not legal or engineering advice. Your declaration, your engineer and association counsel govern the specifics for your building.
Who is responsible for a condo building’s porches in Chicago?
In most Chicago condominiums the porches are common elements or limited common elements, which puts their maintenance, repair and replacement on the association. The Illinois Condominium Property Act makes the board responsible for the care, upkeep, maintenance and replacement of the common elements. Your declaration controls how costs are shared, so read it before assuming.
Section 18.4(a) of the Condominium Property Act directs the board to provide for the operation, care, upkeep, maintenance, replacement and improvement of the common elements. Many declarations assign each rear porch landing as a limited common element of the unit it serves. That label can change who pays for certain items, but it rarely removes the board’s role in making sure the structure is safe, because the porch is usually one continuous structure serving several units. Where the declaration is unclear, ask counsel before telling owners who pays.
Do we need a building permit to repair our porch?
It depends on what is being repaired. The City says routine maintenance such as power washing or painting needs no permit, and replacing non-structural parts such as deck boards, stair treads or railing pickets needs no permit unless you have received a violation. Repairing or replacing structural parts always requires a permit.
According to the Department of Buildings:
- No permit: routine maintenance such as power washing or painting.
- No permit, if you have no violation: repairing or replacing non-structural elements such as deck boards, stair treads or railing pickets.
- No permit: repairing or replacing a residential porch that is less than 6 feet off the ground and has no more than 50 square feet of landing area.
- Express Permit Program: if you have received a violation and need to repair non-structural elements to correct it.
- Permit always required: repairing or replacing structural elements such as columns, beams, foundations, stringers or floor joists. The application must include plans prepared by an Illinois-licensed architect or structural engineer.
Most rear porches on 3-flats and courtyard buildings are well over 6 feet off the ground, so the small-porch exemption usually does not apply to them. Any work that touches the frame of the porch should be planned as a permitted project with a design professional.
What does a City inspector look for on a porch?
The City says inspectors check every element of a porch or deck: joists, beams, columns, stairs, hand and guard rails, ledger boards, connections and footings. By ordinance, all elements of porches and decks must be able to support a live load of 100 pounds per square foot. Inspections can follow a 311 complaint or a permit.
Anyone can report a porch concern by calling 311, and the City says it will send a building inspector. For a board, that means a neighbor, a visitor or an owner can trigger an inspection at any time, so the porch should be ready for one whenever it happens. Once a permit has been issued and there are no open porch violations, the permit inspection is requested through the City’s online inspection appointment system.
What happens if the association receives a porch violation?
Read the notice carefully. The City says the notice will state whether plans and a permit are required for the repair or replacement. Administrative Hearings cases expect proof of compliance on the hearing date. Circuit Court cases are assigned a court inspector who handles follow-up inspections.
For Administrative Hearings, the City suggests bringing proof of compliance such as the permit and before-and-after photos. For Circuit Court, call the number on the notice to get the name and number of the assigned court inspector. In either case, involve association counsel early, put the notice in front of the full board at once, and do not let a hearing date pass without a plan.
Can the board hire any contractor for porch work?
For structural work, plan on an Illinois-licensed architect or structural engineer for the drawings and a Chicago-licensed general contractor for the work. The City says architects and engineers are licensed by IDFPR and general contractors by the City, and both can be checked online. The City does not recommend specific firms.
The City notes an exception that lets an owner act as their own general contractor on a primary residence of no more than three stories and six units. An association contracting for common-element work is a different situation, so confirm with the Department of Buildings or counsel before relying on it, and in practice use a licensed general contractor. The City also suggests getting proposals from three contractors and checking references for similar work in Chicago.
A yearly porch checklist for condo boards
- Find the documents. Pull the declaration and plat to confirm whether porches are common or limited common elements, and gather any past permits, drawings and violation history. Permit and inspection records can be searched on the City’s website.
- Walk the porch every spring and fall. Look at the same items a City inspector checks: footings, columns, beams, joists, ledger connections to the building, stairs and stringers, and guard and hand rails. Note soft or split wood, rust on connectors, loose rails, and anything that moves under load.
- Bring in a professional for anything structural. If the walk-through finds problems with the frame, or if the porch has not had a professional look in several years, ask a structural engineer for a written condition assessment. Your engineer, not the board, should set how often that happens for your building.
- Separate maintenance from structural work. Painting, sealing and replacing a few deck boards or pickets can be routine maintenance. Columns, beams, joists, stringers and footings mean a permitted project with drawings.
- Set house rules for porch use. Many associations limit grills, heavy planters, hot tubs and storage on porches. Your engineer can tell you what the structure was designed for, and rules should come from counsel and the declaration.
- Keep exits clear. Rear porches are often a second way out. Ask owners to keep stairs and landings free of bikes, furniture and stored items.
- Plan replacement in the reserve study. Wood porches do not last forever. Give the porch its own line in the reserve study so replacement is funded before it becomes an emergency or a special assessment.
- Keep a porch file. Store inspection reports, engineer letters, permits, photos and invoices in one place so the next board, a buyer’s lender, or a City inspector can see the history.
How should a board talk to owners about porch work?
Explain the safety reason, the permit requirement and the cost before the work starts. Owners accept porch projects more readily when they see the engineer’s findings, understand that structural work needs a City permit, and know how the declaration splits costs between the association and individual units.
Send a short notice with the scope, the schedule, access needs and any items owners must remove from the porch. If the work is large enough to need a special assessment, follow the notice and approval steps in the Condominium Property Act and your declaration, and have counsel confirm the process.
Read next: A board-ready emergency plan; planning repairs in an older building.
Getting help with porch compliance
Porch safety is mostly about routine: two walk-throughs a year, a professional opinion when something looks wrong, permits for structural work, and a reserve plan that funds replacement on time. Stellar Property Management coordinates porch inspections, engineers, permits and contractors for condo associations across Chicago through our maintenance coordination service. To talk through your building’s porches, contact our team.
For buildings in the city, see our Chicago condo management page.