Before you start a backyard project, it helps to know which parts need a permit. Unpermitted work can cause problems when you sell, refinance or file an insurance claim. Here is a general guide for Bay Area homeowners. Your city may add its own rules, so always confirm for your address.
Pools and spas: permit required
A pool or spa needs a building permit plus electrical, plumbing and often gas permits. California’s Swimming Pool Safety Act requires at least two of seven drowning prevention safety features at a new residential pool or spa, such as an isolation fence, a safety cover or alarms on doors to the pool. See our pool contractor page.
Outdoor kitchens: permits for utilities
Running gas, electrical or water to an outdoor kitchen requires permits, and an attached cover needs a building permit. A freestanding grill does not. More on our outdoor kitchens page.
Pergolas and patio covers: usually
Covers attached to the house need a building permit. Small detached structures may be exempt from a building permit under the California Residential Code, but cities can require one and zoning setbacks and height limits still apply. See pergolas and patio covers.
Retaining walls: over 4 feet or with a load
A wall over 4 feet, measured from the bottom of the footing to the top, or any wall supporting a driveway, slope or structure, needs a permit and usually engineering. Hillside cities often require grading permits too. See retaining walls.
Pavers and patios: usually not
A patio at grade generally does not need a building permit. Driveway approaches and sidewalk work need an encroachment permit, and some cities limit front-yard paving. Digging near protected trees can require a tree permit. See pavers and hardscape.
Turf and landscaping: depends on size
Replacing a lawn with artificial turf usually does not need a building permit, but California’s water-efficient landscape rules (MWELO) apply to new landscapes of 500 sq ft or more and rehabilitated landscapes of 2,500 sq ft or more that need a permit or plan check. HOAs cannot ban artificial turf under Civil Code §4735. See artificial turf and landscaping.
Wildfire zones
Hillside areas of Orinda, Lafayette, Moraga, Los Gatos, Saratoga and other Wildland-Urban Interface zones have extra material rules for structures near the house. Defensible space rules also affect plantings close to the home.
For a full overview of our outdoor work, visit outdoor living, or find your city on our service areas page. Also read what happens if you remodel without a permit.
Talk to a Licensed Bay Area Builder
Tell us about your lot and what you want to build. We will check your city’s rules and schedule a free consultation.
