Building Without a Permit
When is a building permit not required? How do I know what I can and cannot build? How do I find out this information?
First and most important thing to know is that each location is different, there are no set standards across the country so you need to check with your local County and City authorities. Thankfully much of this information is now online and you can do your research without talking to anyone.
I live in Sonoma County in Northern California. Here are the steps I went through to discover what the requirements were for building without a permit.
- I Googled “Sonoma County” and found their web site
- Than I did a searched on Permits on the Sonoma County website
- Clicked on Forms and Applications
- Found the form “When is a Building Permit Not Required?”
Not every county will be the same so this is just an example of how to start looking for the information. Here is the information I found doing this research:
WORK EXEMPT FROM A BUILDING PERMIT
The following is a list of work that may be performed without a building permit. If your project does notappear on this list of exempt work, you should assume that a building permit is required.
Note: Although some work is exempt from a building permit, additional permits or review may be required. Before a building or structure is erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished, it is important to contact the appropriate staff at the Permit and Resource Management Department (PRMD) to determine if any other permit or technical review is required.
Although work may be exempt from a building permit, it may be subject to other county regulations (Well and Septic, Zoning, Drainage, Sewer, etc.). Although a building permit is not required, the exempt construction/work must be code compliant. For example, re-striping a commercial parking lot is exempt from a building permit, however, the striping must conform to building code standards for accessibility and Zoning standards for parking lot design. Failure to comply with code requirements may constitute a violation.
Building:
- Accessory Structures: One-story detached accessory structures used as tool or storage sheds, playhouses or similar uses when located on a parcel which contains an existing single family dwelling or other permitted primary use or structure. Such structures shall not have a floor area that exceeds 120 square feet and the height above grade shall not exceed 12 feet. No more than one structure may be allowed under this exemption unless separated from another permit exempt structure by more than 50 feet.
Note: Electrical, plumbing, or mechanical work in connection with such structures requires an electrical, plumbing or mechanical permit even though a building permit is not required for the structure itself.
To read the complete document go to When is a Building Permit Not Required?
This document tells me that I can build up to a 120 square foot structure without a permit. It can’t be higher than 12 feet and if I choose to put in electrical or plumbing I will need to get a permit for that only.
So technically I could build a Sonoma Shanty that is 120 square feet on a foundation as long as it meets these requirements. I would need a permit for the wiring and plumbing if I chose to put that in.
What if it is on wheels or considered an RV?
I was unable to find anything regarding this on the Sonoma County website. To my knowledge each town or neighborhood has its own rules regarding this. Some places allow you to park an RV at your home or on your property but only allow you to live in it for so much time and than you must move it. Others say it can only be parked but not lived in, and other areas don’t care one way or the other.
What About a Remote Area?
Often you can build in a remote area without permits. Here again it is important to check with your county requirements.
Many people just build and some areas are so remote that no one knows about your cabin or home. If you are reported by neighbors or someone else you may have to deal with the local codes and/or remove or tear the structure down.
Hopefully this article has given you some idea as to where to start looking for this type of information and also what to look for.
I find the idea of getting “permission” to build on my own land absurd. I refuse to do so on principle, and have built quite a few structures, including buildings as large as 36 x 70 feet.
One day, the county will harass me, but what exactly can they do? Eviction is not going to happen, they can only demand their pound of flesh (extortion) for their “permission slip” and then I’ll drag these leeches through the entire process (costing them time and money).
They may yet get their extortion money, but in the meanwhile, I will do what I want, as I want.
add me to your mailing list
and do you have any of these buildings near corning california?
thanks..i need a granny or care taker cabin as i am very ill
warth423@yahoo.com
Your reading of the code is a bit focused. When I read the code you posted, your interpretation is accurate, only “when located on a parcel which contains an existing single family dwelling or other permitted primary use or structure”. You’d first have to have another single family dwelling, which did go through the permit process, *already on the property* in order to build a smaller unpermitted structure.
That is the problem in most places, jd. You basically have to hide it where it will not be noticed, or place it somewhere remote where no one will care.
I personally plan on buying some remote land, in Northern Cali/Southern Oregon, and giving it a go. Although, I will probably test the waters with a yurt first.
Jamiko says,
You could dig a pond on your property, design your tiny floating home, then you don’t need a permit, it is a boat, really.
Most counties will require a permit to dig a pond, so that may not be feasible either.
I now possess the answers to my inquiries – at last! Thank you to get a good site. Gratefully, Beth
I also find the law not allowing you to build what you want to build on YOUR land incredibly stupid, I live with my dad in a single family dwelling as the zoning enforcement said.
I live on half of an acre you would think I could make my own small place buy noooooo they won’t let me.
Now I have to buy my own property, I hate permits and zoning!
Insurance companies don’t have to pay off on damage, fire, personal injury if the buildings are illegal. If you are so financially independent that you don’t ever insure anything then this is fine but if you have a fire, for instance, that starts from an illegal installation they will tell you ‘Boy, that’s tough’ and leave you in the wind. I have known people caught in this one and they lost everything in the fire plus they were out the money.
If you hate permits and zoning picture what it would be like without them. On one side of your quiet neck of the woods someone opens an all night motorcycle tuning shop/gun range & minimart, and a mosque pops up on the other and you get to hear prayer 5 times a day.
I think that a lot of the regulations involve over-building but many are safety oriented. In a choice between maybe too much regulation and my upwind neighbor starting a home based meat rendering plant I vote for regulations.
If everyone thought of the neighbors and community first when it comes to safety and environment we wouldn’t need most of our laws but there are a lot of people that would build structures that would collapse and kill someone innocent like their own kids.
“If you hate permits and zoning picture what it would be like without them.”
Probably a lot better.
Sorry, David, I have to respectfully disagree with you. People have reached the breaking point of overeager enforcers telling them what they can’t do that’s REASONABLE to build on their own property. No one here is talking about a meat rendering plant, gun range, etc. They are talking about adding a building or structure that meets the regulations. In Sonoma county, the building permit for a single family residence of 2000 square feet with a 2 car garage is $50,000. For just the permit.
If they applied the standards to existing buildings, 90% of them would be out of compliance.
This has nothing to do with protecting the health and safety of the occupants, neighbors or the living creatures around the property, they are for CONTROL, to stop ANY development and of course to MAKE MONEY FOR THE GOVERNMENT.
One thing I’m learning is that things get built a lot faster and just as well without permits (and I’d guess that 80% of everything in the country is built that way).
If you think buildings are bad, just try getting water.
reader – the county’s not just going to “get extortion money” from you, they can and quite possibly will force you to pay to have your illegal structures demolished. If you happen to be in Sonoma County you may even go to jail.
There are other places in the US that are less regulated (Missouri seems to be often cited as one such) but California’s pretty strict in terms of building & zoning.
Kent – you asked regarding the circumstances in which living in an RV is legal in Sonoma County. I happen to do so
so let me add what I know.
You can get a permit to live in an RV under the following circumstances:
1) While you are in the process of building a home on your property, assuming all permits have been obtained and the utilities are in.
2) Either the person occupying the RV needs to require medical care by a person living in the home on the property, or vice versa. A letter from a doctor is required.
I’ve looked at the laws for most of the counties in California and all of them have have similar laws.
Without a permit, it’s possible to live “temporarily” in RV parks, although many people actually do so permanently.
Finally, I’m legally living in my RV under a loophole so tiny you have to dig WAY deep into state law to know it is there. My fifth wheel is in a mobile home space in a mobile home park … which makes it in most ways legally a mobile home, go figure. One difference: I do not need to get permits to remodel my RV, which I would have to do if it was really a mobile home.
Sorry, I know that’s confusing, but that’s the clearest I can make the explanation!
The places closest to California in which someone can (pretty much) freely live in an RV full-time are Humboldt and Elko Counties in Nevada. Even there the properties need to be 5+ acres and a permit is required.
I hope that was of interest.
I rather deal with what might be built near me than having authorities dictate to me where, when and how I can build something. I think our minds are wired lately in this authoritarian society we live in to believe government is helping us with these services. Imagine, all the services that are regulated by the government that are inflated in price because of this. Imagine, if they wouldn’t get in the way. Yes, it may take some research on our part and discovering what the good path should be.. At least, in the end, it would be our choice not some authority above us dictating our plans.
Not only that.. Quite possibly people who are homeless now would have a home.