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San Jose, CA Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
SJMC § 24.02.100
Issuing authority
Building Official / Building Division
Permit expires if unstarted
12 months
Permit voids if abandoned
180 days
Exemptions
Small sheds, low fences, minor decks

Summary

San Jose requires a building permit before erecting, altering, repairing, or demolishing any building, structure, or building service equipment covered by the technical codes.

Except as specified in this part, no building, structure or building service equipment regulated by this title and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the building official.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).

Full Breakdown

Under San Jose Municipal Code § 24.02.100, no building, structure, or building service equipment regulated by Title 24 and the technical codes may be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each item has first been obtained from the building official. Section 24.02.120 carves out narrow exemptions, small detached accessory buildings under 120 sq ft, fences up to 7 feet, retaining walls under 4 feet, small water tanks, minor decks, and similar low-risk work, but separate plumbing, electrical, and mechanical permits still apply to those exempted items. Permits are issued by the Building Division after plan review under § 24.02.310, and an issued permit expires if work doesn't start within 12 months or is abandoned for 180 days per § 24.02.340.

Violations & Fines

Working without a required permit exposes the owner to permit suspension or revocation under § 24.02.360, investigation fees for unpermitted work under § 24.02.440, and required correction of any resulting code violations before the work can be legalized.

Frequently Asked Questions

Does San Jose exempt small backyard sheds from permits?
Yes: one-story detached accessory buildings like tool sheds under 120 square feet don't need a building permit under § 24.02.120.
How long is a San Jose building permit valid?
It expires if work isn't started within 12 months, or if suspended or abandoned for 180 days, per § 24.02.340.

Sources & Official References

Other rules in San Jose

All San Jose rules

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