Jayson Elliott
Jayson Elliott, Esq.Bay Legal PC · Palo Alto, CA
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Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026

Legal Information — Not Legal Advice: This page provides general information about California permit violation law. It is not legal advice for your specific situation. Consult a licensed attorney before making any legal decisions.

Permit & Building Code Glossary

Reference guide · 31 terms · Last reviewed April 2026

After-the-Fact Permit
A building permit issued retroactively for work that was already completed without a permit. Also called a retroactive permit.
ADU (Accessory Dwelling Unit)
A secondary residential unit on a single-family lot. Also known as a granny flat, in-law unit, or secondary suite.
Building Code
A set of regulations governing the design, construction, and modification of buildings. In California, the primary building code is Title 24 of the California Code of Regulations.
Building Department
The local government agency responsible for issuing building permits and enforcing building codes.
BPC §7031
California Business and Professions Code section 7031, which prevents unlicensed contractors from collecting payment and allows recovery of all money paid to an unlicensed contractor.
Certificate of Occupancy
A document issued by the building department certifying that a building meets all applicable codes and is safe for occupancy.
Code Enforcement
The process by which local governments investigate and resolve violations of building, housing, zoning, and property maintenance codes.
Compliance Order
A formal directive from a government agency requiring a property owner to bring their property into compliance with applicable codes.
CSLB
The Contractors State License Board — the California state agency that licenses and regulates contractors.
Due Process
The legal right to notice and an opportunity to be heard before the government can impose penalties or restrictions.
Egress
A means of exiting a building, particularly in an emergency. Building codes require specific egress standards for habitable rooms.
Enforcement Action
Any action taken by a government agency to compel compliance with building codes, including violation notices, fines, stop-work orders, and legal proceedings.
Final Inspection
The last inspection in the building permit process, which verifies that all work has been completed according to the approved plans and building codes.
Grandfathering
The principle that existing structures or conditions may be exempt from new code requirements if they were lawful when constructed.
Latent Defect
A defect that is hidden and not discoverable through reasonable inspection. Latent defects have longer statutes of limitation than visible defects.
Lien
A legal claim against a property, often used by government agencies to secure payment of fines or enforcement costs.
Load-Bearing Wall
A wall that carries structural loads from the roof or upper floors to the foundation. Removal or modification of load-bearing walls requires engineering and permits.
Notice of Violation
A formal written notice from a government agency informing a property owner of an alleged code violation.
Open Permit
A building permit that was issued but never received final inspection approval. Open permits indicate work that may not have been completed or inspected.
Owner-Builder
A property owner who performs construction work on their own property. California allows owner-builders to do certain work without a contractor's license, but permits are still required.
Patent Defect
A defect that is visible and discoverable through reasonable inspection. Patent defects have shorter statutes of limitation than hidden defects.
Permit Fee
The fee charged by the building department for issuing a building permit. After-the-fact permits typically carry additional penalty fees.
Retroactive Permit
See After-the-Fact Permit.
Setback
The minimum distance a building must be from a property line, street, or other boundary. Setback violations are common in unpermitted additions.
Stop-Work Order
A directive from the building department requiring all construction to stop immediately.
Substantial Completion
The point at which construction work is sufficiently complete for its intended use. This date is important for statute of limitations calculations.
Surety Bond
A bond that licensed contractors are required to carry (currently $25,000 in California). Homeowners can file claims against this bond for contractor violations.
Title 24
The section of the California Code of Regulations that contains the California Building Standards Code.
TDS (Transfer Disclosure Statement)
A California-required form that sellers must complete disclosing known material facts about the property, including known unpermitted work.
Variance
An exception granted by the local zoning board allowing a property to deviate from specific zoning requirements.
Zoning
Local land use regulations that control what types of structures can be built on a property and how they can be used.

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