After-the-Fact Permits in California

10 min read · Last reviewed April 2026

What Is an After-the-Fact Permit?

An after-the-fact permit (also called a retroactive permit) is a building permit issued for work that has already been completed without a permit. It allows you to legalize unpermitted construction by going through the standard permitting and inspection process after the work is done.

The Process

1. Apply with your local building department. You will need to submit plans or descriptions of the work that was performed. For structural work, you may need engineered plans.

2. Pay the permit fees. After-the-fact permits typically carry a penalty surcharge. The total cost varies widely by jurisdiction, but expect to pay 2x to 10x the standard permit fee.

3. Prepare for inspection. The inspector will need to verify that the work meets current building code. For work hidden behind walls, ceilings, or floors, this means you may need to open up finished surfaces for the inspector to see the framing, wiring, plumbing, or structural connections.

4. Make corrections if needed. If the work does not meet code, you will need to make corrections and have the work re-inspected.

5. Receive final approval. Once the work passes inspection, the permit is finalized and the property records are updated.

What Happens If the Work Doesn't Pass?

If the unpermitted work cannot be brought up to code at a reasonable cost, you may face a difficult choice: either invest in significant corrections, or remove the unpermitted work entirely. In some cases, work that violates zoning setbacks or height restrictions simply cannot be retroactively permitted, regardless of quality.

Cost Recovery from Contractors

If a contractor performed the work without pulling permits, you may be able to recover the costs of the after-the-fact permit process — including penalty fees, inspection costs, and the cost of opening up finished work — from the contractor. This is a legal claim separate from the city's enforcement action.