What Can a Homeowner Do Without a Permit in Berkeley?

Introduction

Building permits help ensure that construction work is done safely and meets the standards of the California Building Code. However, some types of “minor” work are exempt from permit requirements. This paper examines what construction work a homeowner can do on their property in Berkeley, California, without a permit, using only legal and city and state resources as evidence.

Building Codes and Regulations in Berkeley

The City of Berkeley adopts Chapter 1 of the 2022 California Building Code with modifications¹. It is important to note that the State Building Code supersedes any provisions of the City of Berkeley Building Codes that are inconsistent². The California Building Standards Code includes the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Existing Building Code, and California Green Building Standards Code (CALGreen)³.

The California Building Standards Code is updated every three years. As of January 1, 2023, the 2022 edition of the California Building Standards Code is in effect⁴⁵. The California Building Standards Commission oversees the development and adoption of the California building codes⁶.

Permit Requirements in Berkeley

Building permits are required for most construction and repair work in Berkeley, CA⁷. This includes:

• Construction of a new structure ⁷
• Alterations to an existing structure ⁷
• Alterations to electrical, mechanical, plumbing, or other trades ⁷
• Demolition of an existing structure ⁷
• Establishment of a new property use ⁷
• Modifications of an existing property use ⁷

In addition to the general requirements listed above, building permits are also required for the following:

• Installing gas shut-off valves when any addition, alteration, or repair is made for which a mechanical or plumbing permit is issued ⁷
• Obtaining a Private Sewer Lateral Certificate for projects valued at $60,000 or more ⁷

Homeowners can apply for building permits online through the City of Berkeley’s online portal⁸. The online portal allows homeowners to submit applications, track their status, upload documents, and schedule inspections⁸⁹.

Zoning Permits in Berkeley

In addition to building permits, homeowners in Berkeley may also need to obtain a Zoning Permit¹⁰. This permit ensures that the project complies with the city’s zoning regulations, which govern land use, building height, setbacks, and other aspects of property development¹⁰. Zoning permits are required for new constructions, additions, and changes in the use of existing buildings¹⁰.

California Home Improvement Contract Law

In California, a written contract is required for all home improvement projects over $500¹¹. This contract must be legible and easy to understand, and it must inform the consumer of their rights to cancel the contract¹¹.

California law provides homeowners with certain rights regarding home improvement contracts, including:

• 3-day right to cancel: Unless the contract is negotiated at the contractor’s place of business, or the contract price is under $25, the buyer has three days to cancel the contract¹².
• 5-day right to cancel: Seniors (those 65 and older) have five days to cancel home improvement contracts¹².

Home improvement contracts in California must include several key elements, such as:

• Legible and readable documents ¹³
• Contract delivery and cancellation rights ¹³
• Lien release ¹³
• Change orders ¹³
• Performance and payment bonds ¹³
• Comprehensive contract elements, including the contract price, down payment, payment schedule, description of work, start and completion dates, and notices to protect the homeowner ^{13 14}

Cal/OSHA Permit Requirements

Certain construction activities in California require Project Permits and Annual Permits from Cal/OSHA¹⁵. These permits are required for activities such as demolishing or dismantling buildings over 36 feet in height, constructing trenches or excavations 5 feet or deeper, and erecting scaffolding over 36 feet high¹⁵.

Exemptions to Permit Requirements in Berkeley

Some types of building, electrical, mechanical, and plumbing work do not require a building permit from the City of Berkeley¹⁶. Even if you don’t need a permit, you do still need to follow the California Building Standards Code and applicable Berkeley City laws and ordinances¹⁶. A zoning permit may be required, even if a building permit is not¹⁶.

The following table summarizes the exemptions to building permit requirements in Berkeley:

Project Type	Permit Required	Exemptions
Building	Generally required for construction, alteration, or demolition of structures	* One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area is not greater than 120 square feet<br>* Fences under 7 feet high (fences over 6 feet high require a zoning permit)<br>* Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or holding flammable or combustible liquids<br>* Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter or width is not greater than 2:1<br>* Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route<br>* Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work<br>* Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons, and are installed entirely above ground<br>* Window awnings in Group R-3/U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support<br>* For Group R-3 occupancies including single-family homes and duplexes: Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4 of the California Residential Code<br>* Projects under $166,157 may apply for an Unreasonable Hardship Exception to limit the required upgrades to 20% of the project valuation when carving out an accessible path of travel
Electrical	Generally required for electrical work	* Repair or replacement of branch circuit overcurrent devices of the required capacity in the same location<br>* Installation or maintenance of communications wiring, devices, appliances, apparatus, or equipment<br>* Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles
Mechanical	Generally required for mechanical work	* Portable heating appliance<br>* Portable ventilation equipment<br>* Portable cooling unit<br>* Replacement of any minor part of an appliance that does not alter its original approval or make it unsafe<br>* Portable evaporative cooler
Plumbing	Generally required for plumbing work	* Stopping leaks in drains, water, soil, waste, or vent pipe, provided that if any concealed trap, drain pipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained.<br>* Clearing stoppages or repairing leaks in pipes, valves, or fixtures<br>* Removal and reinstallation of water closets, as long as the repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures

In addition to the specific exemptions listed above, other types of work that may not require a permit in California include:

• Landscaping, unless it involves significant digging ¹⁷
• Roof repairs, as long as they are modest in scope (e.g., less than 25% of the total roof and no structural changes) ¹⁷
• Minor electrical work, such as replacing a light switch or outlet in an existing box ¹⁷

Construction and Design Standards for Food Service Facilities

All construction work for food service facilities in Berkeley must conform to local building codes¹⁸. Plans for new or remodeled food facilities must be reviewed by a Registered Environmental Health Specialist to ensure compliance with the Health and Safety Code¹⁸.

Zoning Project Application Submittal Requirements

Homeowners in Berkeley who are planning construction projects that require zoning approval may need to submit a Zoning Project Application¹⁹. The application must include detailed plans and information about the project, such as site plans, floor plans, and elevations¹⁹.

Minor Work Exemption

The Minor Work Exemption in California allows certain types of construction work to be performed without a contractor’s license²⁰. This exemption applies when the aggregate contract price for labor, materials, and all other items is less than $1,000²⁰. The exemption typically covers minor tasks such as painting, small electrical and plumbing work, drywall installation, and minor carpentry²⁰.

Comparison with General California Permit Requirements

While Berkeley generally follows the California Building Standards Code, there may be some differences in permit requirements and exemptions. For example, California may have more lenient rules for certain types of projects, such as fences and outbuildings²¹¹⁷. Homeowners should carefully review both the state and local codes to ensure they understand the specific requirements for their project.

Consequences of Performing Work Without a Permit

Performing work without a permit can have several consequences, including:

• Fees: Homeowners who commence work before obtaining the necessary permits will be subject to a fee equal to and in addition to the permit fees for the portion of the scope of work performed without a permit¹.
• Stop Work Order: The City of Berkeley may issue a Stop Work Order, requiring all construction activities to cease until the necessary permits are obtained and violations are corrected²².
• Increased Permit Fees: Permit fees may be doubled or more for permits originated because of a Stop Work Order issued due to unpermitted work²².
• Legal Liability: Homeowners may be held legally liable for any injuries or damages that occur as a result of unpermitted work²³.
• Insurance Issues: Homeowners insurance may not cover damages related to an unpermitted dwelling unit²⁴.
• Decreased Property Value: Unpermitted work can reduce the value of a property²³.
• Resale Complications: When selling a house, homeowners are legally required to disclose work done without a permit²³.

It is important to note that even if a contractor is willing to do unpermitted work, it is likely that they are not licensed or reputable and may not be responsible if anything goes wrong²³.

Amnesty Program for Unpermitted Dwelling Units

The City of Berkeley has an Amnesty Program for Unpermitted Dwelling Units (ADUs and JADUs) that were constructed before January 1, 2020, without proper permits and inspections²⁴. The program offers several benefits, including anonymity and confidentiality²⁴. This means that homeowners can come forward to legalize their units without fear of penalty.

Homeowners can legalize their unpermitted units through the Amnesty Program by either obtaining a building permit and having inspectors verify code compliance or obtaining a Housing Certificate of Compliance²⁴.

Legal Cases Regarding Permits in Berkeley

In California Restaurant Association v. City of Berkeley, the Ninth Circuit Court of Appeals held that the Energy Policy and Conservation Act (EPCA) preempts Berkeley’s ordinance banning the installation of natural gas piping in newly constructed buildings²⁵²⁶²⁷. The court found that EPCA’s preemption provision extends to building codes that concern the use of natural gas in covered appliances²⁶. This case highlights the importance of understanding the interplay between federal and local regulations when it comes to building codes.

In Berkeley Hillside Preservation v. City of Berkeley, the California Supreme Court addressed the issue of categorical exemptions from the California Environmental Quality Act (CEQA) for construction projects²⁸. The court held that a proposed project’s potential significant effect on the environment is not itself an unusual circumstance that renders the categorical exemptions inapplicable²⁸. This case provides guidance on the application of CEQA exemptions for construction projects in California.

Conclusion

Building permits play a crucial role in ensuring the safety and compliance of construction projects in Berkeley, CA. While permits are generally required, there are exemptions for certain types of minor work. Homeowners should carefully review the California Building Standards Code and the City of Berkeley’s building codes and regulations to determine whether a permit is required for their project. Performing work without a permit can have serious consequences, including fees, legal liability, and decreased property value. Homeowners with unpermitted dwelling units may be eligible to legalize their units through the City of Berkeley’s Amnesty Program.

Before starting any construction or renovation project, homeowners in Berkeley should:

1. Consult the California Building Standards Code and the City of Berkeley’s building codes and regulations to determine if a permit is required.
2. If a permit is required, apply for the permit online or in person at the Permit Service Center.
3. If a home improvement project is over $500, ensure that a written contract is in place that complies with California law.
4. Consider the potential consequences of performing work without a permit.
5. If you have an unpermitted dwelling unit, explore the possibility of legalizing it through the Amnesty Program.

By following these steps, homeowners can ensure that their projects are safe, compliant, and protect their property value.

Works cited

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