California · Penalties if you skip one

What you can build without a permit in California

By Mario Bailey Last checked · 84 official sources

Quick answer

Across the 14 California jurisdictions we have verified, 0 of 140 project rules need no permit at all, 60 turn on a size or scope condition the jurisdiction publishes, and 80 require a permit regardless. Fence work is where the answer most often comes with a published condition rather than a flat yes: 14 of the 14 jurisdictions that answer publish one. The numbers are not statewide: fence thresholds alone run from 6 to 7 feet depending on the jurisdiction.

How to read this page

"No permit" means the jurisdiction publishes that the work needs no building permit. "Depends" means it publishes a size, height, depth, cost or scope condition that decides the answer, quoted in its own words in the last column; the number beside it is the figure that condition turns on, and which side of the number is exempt is stated by the condition, not by us. Exempt from a building permit is not exempt from zoning, setbacks, height limits, flood rules, an HOA, or a separate electrical, plumbing or mechanical permit, and several of the conditions below say exactly that.

Fence

All 14 make the fence answer turn on a size or scope condition the jurisdiction publishes, and the 14 that state a number publish figures from 6 to 7 feet.

Jurisdiction Permit Published figure What the rule says
Alameda County Depends 7 feet Permit exemption height limit: 7 feet for fences of light materials, 5 feet 9 inches for fences of concrete, masonry, or similar heavy materials.
Contra Costa County Depends 7 feet height of a fence, with concrete and masonry walls treated as walls rather than fences.
Fresno County Depends 7 feet Fences not over 7 feet high are on the county's published list of work exempt from a building permit.
Los Angeles Depends 6 feet masonry or concrete fence up to 6 ft in height may be built without a permit if it meets LADBS construction specifications in IB-P-BC2014-080; a solid masonry infill panel between pilasters may not exceed 3 ft 6 in with lightweight open material filling the remaining height; non-masonry fence height threshold not confirmed from official page.
Los Angeles County Depends 6 feet height of a fence or freestanding block wall measured from the lowest adjacent grade; a masonry or concrete fence must also be set back from a public way at least a distance equal to its height to stay exempt.
Orange County Depends 6 feet Fences and freestanding walls over six feet in height require a building permit; fences not over six feet are exempt unless a permit was required as a condition of project approval.
Riverside County Depends 7 feet Fences 7 feet or less in height are exempt from a building permit, except block walls, which are exempt only up to 4 feet in height.
Sacramento Depends 7 feet fence over 7 feet in height requires a building permit.
Sacramento County Depends 7 feet fence height, measured from the grade on the right-of-way side when the fence sits within 5 feet of the public right-of-way and otherwise from the highest grade on either side.
San Bernardino County Depends 6 feet height of a fence or block wall.
San Diego Depends 7 feet fence over 7 feet in height requires a building permit.
San Diego County Depends 6 feet Fences and freestanding masonry walls over 6 feet in height need a building permit; open fences up to 8 feet are also exempt if the uppermost two feet is only barbed or razor wire on angled supports.
San Jose Depends 7 feet fence over 7 feet in rear or side yard or over 3 feet in front yard requires a permit.
Santa Clara County Depends 7 feet fence height at which the County Residential Code permit exemption stops applying.

Shed

All 14 make the shed answer turn on a size or scope condition the jurisdiction publishes, and the 14 that state a number all publish 120 sq ft.

Jurisdiction Permit Published figure What the rule says
Alameda County Depends 120 sq ft Floor area of a one-story detached tool or storage shed accessory to a house, at which the building permit exemption stops.
Contra Costa County Depends 120 sq ft floor area of a one-story detached accessory structure.
Fresno County Depends 120 sq ft One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses are exempt from a building permit when the floor area is not greater than 120 square feet.
Los Angeles Depends 120 sq ft one-story shed under 120 sq ft and under 12 ft in height with no electrical or plumbing does not require a permit.
Los Angeles County Depends 120 sq ft gross floor area of a one-story detached accessory building; the exemption also requires the height not to exceed 12 feet and the maximum roof projection not to exceed 24 inches.
Orange County Depends 120 sq ft One-story detached accessory buildings used as tool and storage sheds, play houses and similar uses are exempt from a building permit only when the floor area does not exceed 120 square feet and the structure sits at least 3 feet from the property line and 6 feet from other buildings on the same property.
Riverside County Depends 120 sq ft A one-story detached accessory structure with a floor area of 120 square feet or less is exempt from a building permit, other than a storm shelter.
Sacramento Depends 120 sq ft detached storage shed under 120 sq ft without electrical or plumbing does not require a permit.
Sacramento County Depends 120 sq ft floor area of a one-story detached structure designed for storage with no electrical or plumbing installed.
San Bernardino County Depends 120 sq ft floor area of a detached residential accessory structure.
San Diego Depends 120 sq ft one-story detached accessory structure under 120 sq ft used as non-habitable storage does not require a permit.
San Diego County Depends 120 sq ft One-story detached non-habitable accessory structures such as tool or storage sheds need a building permit once floor area exceeds 120 square feet.
San Jose Depends 120 sq ft shed under 120 sq ft without electrical or plumbing does not require a permit.
Santa Clara County Depends 120 sq ft floor area of a one-story detached tool or storage shed.

Deck

11 of 14 make the deck answer turn on a size or scope condition the jurisdiction publishes, and the 7 that state a number publish figures from 120 to 200 sq ft. Fresno County, Los Angeles and Orange County require a permit for deck work regardless of size.

Jurisdiction Permit Published figure What the rule says
Alameda County Depends 30 inches Height of a raised deck above adjacent grade at which the building permit exemption stops, and only where the deck is not over a basement or story below and is not part of an accessible route.
Contra Costa County Depends 200 sq ft area of a deck that is also no more than 30 inches above grade at any point, is not attached to a dwelling, and does not serve a code-required exit door.
Los Angeles County Depends 30 inches height of the deck surface above grade; the exemption also requires the deck not to be over any basement or story below and not to be part of an accessible route.
Riverside County Depends 200 sq ft A deck is exempt only if it is 200 square feet or less in area, no more than 30 inches above grade at any point, not attached to a dwelling or townhouse, and does not serve the required exit door.
Sacramento Depends 30 inches uncovered deck 30 inches or more above grade requires a building permit.
Sacramento County Depends 200 sq ft deck area, where the deck is also no more than 30 inches above grade at any point, is not attached to a dwelling, and does not serve a required exit door.
San Bernardino County Depends 120 sq ft floor area of a detached residential accessory structure.
San Diego Depends 200 sq ft deck over 200 sq ft or over 30 inches above grade or attached to a dwelling requires a permit.
San Diego County Depends 30 inches A deck needs a building permit when it is more than 30 inches above adjacent grade, or sits over a basement or story below, or forms part of an accessible route.
San Jose Depends 200 sq ft deck over 200 sq ft or over 30 inches above grade or attached to dwelling or serving required exit requires a permit.
Santa Clara County Depends 200 sq ft deck area, paired with a 30-inch height limit, no attachment to the dwelling, and no required exit door served.
Fresno County Permit required Fresno County's published answer to 'When is a building permit required?' states the general rule that permits are required for construction of any building or structure and then lists the exemptions, and no deck exemption appears anywhere on that list or in the county's own Title 15 additions to it.
Los Angeles Permit required A building permit is required in Los Angeles for all new deck construction.
Orange County Permit required OC Development Services lists decks under the residential improvements that typically require a building permit, and the county's fee schedule prices decks together with patio covers, balconies and enclosures rather than as a separate permit type.

Pool

9 of 14 make the pool answer turn on a size or scope condition the jurisdiction publishes, and the 8 that state a number publish figures from 18 to 24 inches. 5 require a permit for pool work regardless of size.

Jurisdiction Permit Published figure What the rule says
Alameda County Depends 24 inches Depth of a prefabricated pool at which the building permit exemption stops; the exemption also requires the pool to hold no more than 5,000 gallons and to be installed entirely above ground.
Contra Costa County Depends 24 inches depth of a prefabricated pool accessory to a one or two family dwelling that is installed entirely above ground and holds no more than 5,000 gallons.
Fresno County Depends 24 inches Prefabricated pools accessory to a Group R-3 occupancy are exempt from a building permit only when they are less than 24 inches deep, hold not more than 5,000 gallons, and are installed entirely above ground.
Los Angeles County Depends 18 inches depth of a prefabricated pool or other body of water accessory to a one- or two-family (Group R-3) home; the same exemption also reaches pools that do not exceed 5,000 gallons and are installed entirely above adjacent grade.
Riverside County Depends 24 inches A prefabricated swimming pool less than 24 inches deep is exempt from a building permit; the department's handout adds that it must be above ground, hold no more than 5,000 gallons, and be at a single-family property.
Sacramento County Depends 18 inches depth of water the structure holds; the permit exemption is limited to prefabricated pools.
San Diego Depends 5,000 gallons prefabricated above-ground pool 5000 gallons or less and under 18 inches deep is exempt; all other pools require a permit.
San Diego County Depends 18 inches The only exempt pool is a prefabricated pool accessory to a one- or two-family dwelling that is less than 18 inches deep, holds no more than 5,000 gallons, and sits entirely above ground; everything else needs a permit.
Santa Clara County Depends 24 inches depth of a prefabricated swimming pool.
Los Angeles Permit required A building permit is required for all residential swimming pool and spa construction in Los Angeles.
Orange County Permit required Orange County requires a building permit for pool and spa construction and runs a dedicated pool and spa plan check track: the applicant submits a Building Permit Application and a Pool/Spa Questionnaire through myOCeServices along with a site plan showing proposed pool safety fencing, cross sections, structural details and, in some cases, a soil report.
Sacramento Permit required A building permit is required for all residential swimming pools and spas in Sacramento.
San Bernardino County Permit required A Pool and Spa permit is required before construction of a pool or spa in unincorporated San Bernardino County, with no size or depth threshold published for the permit itself.
San Jose Permit required A building permit is required for all in-ground swimming pools and spas in San Jose.

Patio

8 of 14 make the patio answer turn on a size or scope condition the jurisdiction publishes, and the 5 that state a number publish figures from 120 to 300 sq ft. 6 require a permit for patio work regardless of size.

Jurisdiction Permit Published figure What the rule says
Alameda County Depends 120 sq ft Total area of each sunshade structure, including any roofed area, at which the building permit exemption stops; the exemption also requires an average height of not more than 10 feet.
Contra Costa County Depends 120 sq ft roof area of a trellis, arbor, or pergola accessory to a residence, treated by the county as a one-story detached accessory structure.
Los Angeles County Depends Los Angeles County requires a building permit to construct patio covers and carport structures, and separately states that a building permit is required to enlarge or alter any dwelling including an attached patio.
Sacramento Depends covered patios and patio covers require a building permit; at-grade sidewalks and driveways are exempt, as are unattached decks up to 200 sq ft and no more than 30 inches above grade.
Sacramento County Depends 200 sq ft floor area of a detached, not fully enclosed patio cover, pergola, arbor or trellis that is also no taller than 12 feet and stands 5 feet or more from the property line.
San Diego Depends 300 sq ft patio cover accessory to a dwelling under 300 sq ft of projected roof area and no taller than 12 ft and not in a yard setback does not require a permit.
San Diego County Depends 300 sq ft Patio covers and carports accessory to an individual dwelling unit need a building permit once projected roof area exceeds 300 square feet.
Santa Clara County Depends Santa Clara County's adopted work-exempt-from-permit list under California Residential Code Section R105.2 has eleven items and none of them covers a patio cover, patio enclosure, trellis or carport; the closest entry exempts only a window awning supported by an exterior wall that projects not more than 54 inches and needs no additional support.
Fresno County Permit required Fresno County treats a residential patio cover as permitted construction: no patio exemption appears on the county's published list of work exempt from a building permit, the county publishes a dedicated F421 Patio Guideline Sheet labeled 'For Residential Patios Only' showing required rafter spans, beam overhangs, clearances and site plan contents, and the fee schedule carries separate construction valuation lines for frame patios and metal patio covers.
Los Angeles Permit required Los Angeles requires a building permit for patio covers.
Orange County Permit required OC Development Services names patios among the residential improvements that typically require a building permit, and the county publishes standard drawings (Typical Lattice Patio Cover and Typical Roofed Patio Cover, both revised 4/2025) that an applicant can fill in and submit in place of custom plans.
Riverside County Permit required Patio covers are not on Riverside County's list of work exempt from permits, and the county's FAQ names 'Decks and patio covers' among its examples of when a permit is required.
San Bernardino County Permit required The county's published list of items requiring a permit names "Patio Covers (Solid and Lattice)" and "Enclosed Patios" as separate line items with no size threshold attached, so both need a building permit regardless of area.
San Jose Permit required A building permit is required for patio covers in San Jose.

Roof Replacement

4 of 14 make the roof replacement answer turn on a size or scope condition the jurisdiction publishes. 10 require a permit for roof replacement work regardless of size.

Jurisdiction Permit Published figure What the rule says
Alameda County Depends 200 sq ft Aggregate roof area repaired on a previously permitted roof, at which the building permit exemption stops.
Riverside County Depends 25 percent Roof repairs or replacements covering less than 25 percent of the legally existing roof area are exempt, provided the work does not involve the underlying framing and does not occur more than once in a 12-month period.
Sacramento Depends roof replacement involving structural framing or sheathing changes requires a permit; replacing only the roof covering may be exempt.
San Diego Depends renewal of roof covering without structural changes is generally exempt; permit required if structural work is needed or roof weight increases above 6 lbs per sq ft.
Contra Costa County Permit required Contra Costa County requires a permit for every re-roof installation and every roof repair, obtained before work begins, with no published small-job exemption.
Fresno County Permit required A re-roof is a permitted alteration in unincorporated Fresno County and the fee schedule prices it as a flat per-structure Special Services fee that includes the pre-roof inspection.
Los Angeles Permit required A building permit is required in Los Angeles for roof replacement.
Los Angeles County Permit required Los Angeles County requires a building permit for re-roofs, and the same answer covers skylight and Solatube installation.
Orange County Permit required Orange County's residential permit handout states plainly that building permits are required for re-roofing, and the county's fee schedule carries a flat Reroof line item plus a discounted rate for each detached garage or structure re-roofed with the main permit.
Sacramento County Permit required Re-roofing is on the county's list of projects that require a permit, with no square-footage or cost floor published.
San Bernardino County Permit required San Bernardino County requires a ReRoof permit before any re-roofing activity, and "Re-roofing" appears on the county's published list of items requiring a permit with no size or square-footage threshold.
San Diego County Permit required San Diego County requires a building permit to replace a roof.
San Jose Permit required A building permit is required for re-roofing in San Jose.
Santa Clara County Permit required Santa Clara County's adopted work-exempt-from-permit list under California Residential Code Section R105.2 contains eleven items covering sheds, fences, retaining walls, water tanks, sidewalks and driveways, finish work, shallow prefabricated pools, playground equipment, window awnings, small detached decks and hoop structures.

If the work is already built

California makes it a criminal misdemeanor to violate the State Housing Law or the State Building Standards Code provisions adopted under it, which covers construction, alteration, or maintenance of a building without required permits. The state ceiling is a fine up to $1,000, up to six months in jail, or both.

California penalties, the after-the-fact path, and what the statute actually says

The 140 answered rules come from 84 official sources, each linked from the permit page behind every jurisdiction name. See the full picture for the state on the California permit requirements page, or the national view of which projects need a permit at all on Do you need a building permit?

This page compiles what each California jurisdiction publishes, with a last checked date. It is not legal advice, and a project that is exempt from a building permit can still need zoning approval or a trade permit. Confirm with the office linked from the jurisdiction's page before you build.