The rule in California
Almost any construction needs a permit. The Contractors State License Board summarizes the state building code this way: “no building or structure may be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official.” It adds that “code requirements vary in different cities and counties around the state” (CSLB).
The City of Santa Barbara says the same in plain terms: “A building permit is generally required whenever you construct, enlarge, alter, move, replace, repair, improve, convert, demolish, or change the occupancy of a building or structure” (City of Santa Barbara).
What some local exemptions look like
Each city and county publishes its own list of small jobs that don’t need a building permit. Two examples from our area show how specific, and how different, they are:
| Project | City of Santa Barbara | San Luis Obispo County |
|---|---|---|
| Fence | Exempt if “not over 3-½ feet high” | “Typically a fence does not require a permit,” but zoning sets heights |
| Deck or platform | Exempt if uncovered and “not more than 10 inches above adjacent grade” | Check with the county |
| Retaining or garden wall | Exempt if “not over 4 feet in height,” measured from the bottom of the footing, with conditions | Check with the county |
| Storage shed | Exempt up to 120 sq ft and 10 ft tall, no utilities; 200 sq ft total of exempt structures per parcel | Exempt under 120 sq ft, no utilities, under 12 ft tall; setbacks still apply |
| Interior painting | Exempt: “interior painting, papering, and similar finish work” | Check with the county |
Sources: City of Santa Barbara checklist; SLO County construction permit FAQ and fencing page.
Two cautions:
- Exempt from a building permit isn’t exempt from everything. Santa Barbara’s checklist notes that “many of the items listed below may be regulated by other city divisions,” such as zoning. SLO County notes that sheds of any size must meet setbacks, and that grading may need its own permit.
- Systems work usually needs a permit. SLO County: “A construction permit is needed for almost any project that involves building or altering a structure or its plumbing, mechanical, or electrical systems.”
Where to check for your address
- Santa Barbara County (unincorporated areas, including Orcutt): Permitting & Enforcement
- San Luis Obispo County (unincorporated areas): construction permit FAQ
- City of Santa Barbara: building permits
- Santa Maria, the City of San Luis Obispo and other cities: contact that city’s building department.
Who gets the permit?
When you hire a contractor, settle this before you sign. The CSLB’s advice is to confirm that your contractor will get all necessary permits; see our guide on hiring a licensed contractor. For ADUs, our ADU guide covers the state’s 60-day review rule.
Sources
- CSLB: Building Permit Requirements
- City of Santa Barbara: Building Permit Forms & Applications
- City of Santa Barbara: Work Exempt From Permit checklist (updated 2/7/2023)
- San Luis Obispo County: Construction permit FAQ
- San Luis Obispo County: Fencing and Screening
- Santa Barbara County: Permitting & Enforcement