In California, most types of construction, including remodeling, require permits to ensure the safety and stability of buildings and to protect homeowners from substandard work1. The California Building Standards Code (Title 24 of the California Code of Regulations) is the building code for California. It is maintained by the California Building Standards Commission (CBSC), which oversees the development and adoption of building codes in the state2. The CBSC publishes new editions of the California Building Standards Code every three years, incorporating the latest standards and addressing California-specific concerns2. While based on national model codes, Title 24 often includes more stringent requirements tailored to California’s unique conditions2. Local jurisdictions, like the town of Moraga, may have their own building codes and permit requirements that are more stringent than the state code4.
Initially, finding information about the building and planning department on the Moraga website proved challenging5. However, further research revealed the necessary details. The Town of Moraga uses the Contra Costa County (CCC) Building Department for review, approval, and inspection of building permits6. While the town relies on the county for building permits, it’s important to note that Moraga maintains its own specific requirements and approval processes, especially for exterior modifications to homes6. This highlights the need for homeowners to be aware of both town and county regulations.
Contra Costa County Building Department
The CCC Building Department has a Lamorinda office located at 3685 Mount Diablo Boulevard, Suite 120, Lafayette, CA 945496. You can reach them by phone at 925-299-02636. Their office is open from 8 am to noon and 1 pm to 5 pm, Monday through Thursday, and 8 am to noon and 1 pm to 4 pm on Friday6. You can find more information, including a Lamorinda building permit application form, on the county’s website6. The main office of the CCC Conservation and Development Department is located at 30 Muir Road, Martinez, CA 945536. Their telephone number is toll-free: 855-DCD-COCO (855-323-2626)6. You can also schedule appointments at 925-646-41086.
When Do You Need a Building Permit in Moraga?
You will need a building permit in Moraga for various alterations, additions, and improvements to your home and property6. Some common examples include:
- New fences higher than 6 feet
- Landscaping irrigation systems
- Retaining walls higher than 3 feet
- Accessory buildings
- Interior or exterior alterations and additions to your home
Most exterior improvements require Town of Moraga Planning Department or Engineering Department approval before you can file an application for a building permit6.
California State Law Regarding Remodeling
Before starting any remodeling project, it’s essential to understand the relevant California state laws. For any home improvement project exceeding $500 in cost, a written contract between you and your contractor is legally required8. This contract must include specific elements to ensure clarity and protect both parties. These elements include: 9
- The total price of the project
- A detailed schedule of progress payments
- A comprehensive list of contract documents, including architectural plans and specifications
- The contractor’s business address and license number
It’s crucial to remember that the down payment for a home improvement job or swimming pool cannot exceed $1,000 or 10% of the total contract price, whichever is less (excluding finance charges)8. This limit applies even if special-order materials are involved8.
The written contract should also clearly outline the start and completion dates for the project, including an approximate start date and an estimated completion date9. Payment terms are a critical aspect of the contract and must adhere to California law9. For instance, contractors cannot bill for work that hasn’t been completed or materials that haven’t been delivered9.
To address potential changes or unexpected issues during the project, the contract should include a “Change Order” process9. This process requires the contractor to provide a written change order detailing any modifications to the original plan, along with an itemized breakdown of the associated costs9.
Another important aspect of California law is the mechanic’s lien. Contractors, subcontractors, and even material suppliers can place a lien on your property if they are not paid for their services or materials9. To protect yourself from this, always obtain lien releases from subcontractors and material suppliers when making payments to the general contractor9. These releases serve as proof that everyone involved in the project has been paid, preventing potential legal and financial complications9. Including a provision for joint checks in your contract can provide an added layer of security9.
What Projects Can Be Approved Without Town of Moraga Approval?
While most exterior modifications require approval from the Town of Moraga, certain projects may be taken directly to Contra Costa County for building permit applications6. These include:
- Termite repair work
- Re-roofing
- Solar panel installations on existing roofs
- Interior remodeling, where no exterior changes to the walls or windows are proposed and where the size of an existing garage will not be modified
However, it’s important to be aware of the Town’s requirements for recycling construction and demolition materials6. If the work exceeds certain thresholds, you will need to submit a recycling deposit with the Town before applying for a building permit6. For example, any re-roofing project for a roof larger than 1,000 square feet (10 squares) would require a recycling deposit6.
Reconstruction of a rotten deck will require pictures of the existing deck, and the deck cannot be expanded or additional posts added without Town approval6.
Window Replacement
You can replace windows in your home without Town of Moraga Planning Department approval, provided that the size of the new windows does not exceed 10% of the size of the existing windows and no additional windows are added6. An exception to this rule allows for an increase in window size to meet building code egress requirements6. However, a building permit is still necessary to replace the windows6.
Driveway Changes
If your remodeling project involves alterations to your driveway, be aware of the following permit requirements:
- Alterations to existing curbs require an Encroachment Permit from the Town Engineer’s office6.
- Design Review Board approval is required for any paved parking area in the front yard whose width exceeds the width of the garage (Moraga Municipal Code Section 8.76.100-F)6.
- Driveway paving longer than 50 feet or wider than 16 feet should be constructed of previous paving materials (Design Guidelines SFR1.7) (See Guideline D9.2)6.
For more detailed information on driveway regulations, refer to the Town of Moraga Design Guidelines document6.
Fences
Generally, you do not need a building permit to construct fences that are 6 feet or less in height on your property6. However, there are exceptions:
- Zoning Administrator approval is required for fences higher than 3 feet in the front yard setback or exterior side yard setback on corner lots (Moraga Municipal Code (MMC) Section 8.68.040-A)6.
- A variance is required for fences exceeding 7 feet 6 inches in height, with review by the Planning Commission (MMC Section 8.68.040-B)6.
- Fences taller than 6 feet require a building permit6.
Home Remodeling
When planning a home remodel in Moraga, it’s crucial to understand the different approval processes and timelines involved7. Modifications to any exterior feature of a home or any new construction for building additions, pools, spas, decks, gazebos, etc., must be approved by the Town of Moraga Planning Department before applying for a building permit7. Exterior modifications include design changes such as enlarging existing windows7.
The approval process for your remodel will depend on the scope and nature of the project.
| Approval Process | Description | Timeline |
| Administrative Design Review (ADR) | For projects that conform to building setbacks, Municipal Code requirements, and Design Guidelines. | Approximately 60 days |
| Design Review Board (DRB) | Required for all new homes and projects seeking exceptions to the Design Guidelines. | Approximately 90 days |
For all above-ground exterior alterations, the Moraga Municipal Code requires 10 days’ notice to neighbors before approving a project, followed by a 10-day appeal period after project approval7. ADR applications are available at the Planning Department Office at 329 Rheem Boulevard in Moraga7. The telephone number for the Planning Department is 925-888-70407.
Design Review Board (DRB) review and approval are required for all new homes7. DRB approval is also required if an applicant is seeking one or more exceptions to the Town’s Design Guidelines7. The most common requests for exceptions include homes that exceed the maximum floor area under the Town’s floor area ratio (FAR) guidelines and additions or decks on hillsides where the floor elevation is more than 4 feet above grade7.
Decks require a building permit, and a railing is required if the deck is 30 inches or more above the ground7. Design Review Board approval is required for decks supported by posts that are 4 feet or higher7. If the overall height of a deck above the ground exceeds 6 feet, the Design Review Board would need to make a design guideline exception7. Photographs must be submitted to the Planning Department before an application for a building permit for replacement or reconstruction of an existing deck, which may be legally non-conforming to the Town’s Design Guidelines7.
Common Remodeling Projects and Permit Requirements
Specific permit requirements may vary depending on the type of remodeling project you are undertaking. Here are some common examples and their general requirements in Contra Costa County: 10
- Bathroom Remodels: Typically require permits for plumbing, electrical, and structural work.
- Kitchen Remodels: Similar to bathroom remodels, permits are usually needed for plumbing, electrical, and any structural modifications.
- Garage Conversions: Converting a garage into living space requires extensive permits, including those for structural changes, electrical wiring, plumbing, and insulation.
It’s always best to consult the Contra Costa County Building Department for detailed information on specific project requirements.
Inspections and Approval Process
During your remodeling project, inspections will be conducted to ensure compliance with building codes and regulations11. These inspections typically occur at various stages of the project, including:
- Foundation Inspection: Before concrete is poured or floor sheathing is installed.
- Framing Inspection: After all framing, fire blocking, and bracing are in place.
- Insulation Inspection: When all insulation is installed.
- Lath/Gypsum Board Inspection: Before plaster is applied or drywall is finished.
- Final Inspection: After the building is complete and ready for occupancy.
The building inspector will review the work and may issue a “correction notice” if any issues need to be addressed. It’s essential to schedule inspections in advance and ensure that the work is complete before the inspector arrives to avoid delays.
Manufactured Homes and Special Considerations
If your home in Moraga is a manufactured home or located within a mobilehome park, be aware of the specific regulations overseen by the California Department of Housing and Community Development (HCD)12. The HCD has authority over various aspects of manufactured housing, including construction, alterations, and park operations. Homeowners should consult the HCD for detailed information on permits and inspections related to manufactured homes.
Landlord Responsibilities During Remodeling
For homeowners who are also landlords, it’s crucial to understand your legal obligations to tenants during remodeling projects. California law has specific provisions for “substantial remodel evictions,” which allow landlords to terminate tenancies under certain conditions13. However, these evictions must be conducted in good faith and comply with strict requirements, including providing proper notice to tenants and obtaining necessary permits. Landlords should consult legal resources or seek professional advice to ensure compliance with all applicable laws and regulations.
Legal Cases and Precedents
Understanding legal cases related to building permits can provide valuable insights for homeowners. In the case of Lynch v. California Coastal Commission, the California Supreme Court ruled that a landowner who accepts the benefits of a permit by constructing a project forfeits the right to challenge land-use conditions imposed on the project14. This case highlights the importance of carefully reviewing and understanding all permit conditions before proceeding with construction.
Conclusion
In conclusion, remodeling your house in Moraga, California, will likely require obtaining permits from both the Town of Moraga and Contra Costa County. The specific permits needed will depend on the scope and nature of your project, with exterior modifications often requiring more extensive approvals. It’s essential to be aware of the interplay between town and county regulations, as Moraga has its own set of requirements in addition to those of the county.
Before starting any remodeling work, consult with the Town of Moraga Planning Department and the Contra Costa County Building Department to determine the exact permits and approvals needed for your project. Additionally, ensure you have a legally sound contract with your contractor that outlines all project details, payment terms, and change order procedures. By obtaining the necessary permits, following all applicable regulations, and understanding your rights and responsibilities, you can ensure that your remodeling project is completed safely, legally, and to your satisfaction.
Works cited
1. Los Angeles Construction Permits & Legal Requirements to Rebuild Your Home, accessed March 12, 2025, https://www.latimes.com/wildfire-recovery/story/construction-permits-los-angeles-rebuild-home
2. California Building Standards Code – Wikipedia, accessed March 12, 2025, https://en.wikipedia.org/wiki/California_Building_Standards_Code
3. Building Standards Commission – DGS – CA.gov, accessed March 12, 2025, https://www.dgs.ca.gov/BSC
4. California Building Code – Woodside, CA, accessed March 12, 2025, https://www.woodsideca.gov/158/California-Building-Code
5. Moraga, CA | Official Website, accessed March 12, 2025, https://www.moraga.ca.us
6. FAQs • Building Permit Requirements – Moraga, CA, accessed March 12, 2025, https://www.moraga.ca.us/faq.aspx?TID=17
7. FAQs • Home Improvements – Moraga, CA, accessed March 12, 2025, https://www.moraga.ca.us/faq.aspx?TID=21
8. Learn About Home Improvement Contracts – CSLB – CA.gov, accessed March 12, 2025, https://www.cslb.ca.gov/Consumers/Hire_A_Contractor/Home_Improvement_Contracts/What_Is_A_Contract.aspx
9. About The Author Remodeling Intro Contractors & Permits Construction Contracts Contract Terms How To Protect Yourself, accessed March 12, 2025, https://www.brewerfirm.com/wp-content/uploads/2016/08/Home-Remodel-Legal-Guide.pdf
10. Home Improvement Permits | Contra Costa County, CA Official Website, accessed March 12, 2025, https://www.contracosta.ca.gov/8072/Home-Improvement-Permits
11. Homeowner’s Guide to Permitting Process for Building Departments – California Building Officials, accessed March 12, 2025, https://www.calbo.org/sites/main/files/file-attachments/homeowners_guide_-_generic_-_calbo_resource.docx?1560793772
12. Permits & Inspections – California Department of Housing and Community Development, accessed March 12, 2025, https://www.hcd.ca.gov/building-standards/permits-and-inspections
13. California substantial remodel evictions about to change – Bornstein Law, accessed March 12, 2025, https://bornstein.law/california-substantial-remodel-evictions-about-to-change/14. Property Owner Who Proceeds With Development Under a Permit Cannot Challenge Land-Use Conditions Attached to the Permit | Perkins Coie, accessed March 12, 2025, https://perkinscoie.com/insights/blog/property-owner-who-proceeds-development-under-permit-cannot-challenge-land-use