Work Exempt from Building Permits

All construction work and most repairs require building permits unless specifically exempted. You will need a permit if you want to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure. You will also need a permit to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system.

Some types of building, electrical, mechanical, and plumbing work do not require a building permit from the City of Berkeley. 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 ordinances. A zoning permit may be required, even if a building permit is not.

If the work you are planning to do is not on the list below, you should assume that you will need a permit from the Permit Service Center.

Building projects that do not require a permit

• 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.
• Fences under 7 feet high do not require a building permit. Fences over 6 feet high require a zoning permit.
• Oil derricks.
• 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 Class I, II or IIIA liquids. Retaining walls in a required setback require a zoning permit.
• 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.
• 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.
• Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
• Temporary motion picture, television and theater stage sets and scenery.
• 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.
• Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
• Swings and other playground equipment accessory to detached one- and two-family dwellings.
• 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.
• Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
• 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.

Electrical projects that do not require a permit

• Cord and plug connected temporary decorative lighting that is listed by an approved code safety agency (such as UL).
• Reinstallation of attachment plug receptacles, but not the outlets.
• Repair or replacement of branch circuit overcurrent devices of the required capacity in the same location.
• Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.
• Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
• Electrical equipment used for radio and television transmissions. This exception does not apply to equipment and wiring for a power supply and the installation of towers and antennas.
• Installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Mechanical projects that do not require a permit

• Portable heating appliances.
• Portable ventilation equipment.
• Portable cooling units.
• Steam, hot or chilled water piping within any heating or cooling equipment regulated by the California Mechanical Code.
• Replacement of any minor part of an appliance that does not alter its original approval or make it unsafe.
• Portable evaporative cooler.
• Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less.
• Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of this code.
• A unit refrigerating system.

Plumbing projects that do not require a permit

• Stopping leaks in drains, water, soil, waste or vent pipe. However, if you need to replace a concealed trap, drain pipe, water, soil, waste or vent pipe, you will need to get a permit.
• Clearing stoppages or repairing leaks in pipes, valves or fixtures.
• Removal and reinstallation of toilets, as long as the repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.