An addition or garage conversion may have been built years before you owned the house. Before planning a correction, confirm what the permit record actually shows. San Jose directs owners to search the address at SJPermits.org; older or annexed properties may also have County records. If a City notice is involved, read its case number and deadline and speak with the assigned inspector.
- Compare the existing work with the permit history and any final inspection records.
- Ask the City which part of the work needs review and whether the addition can be permitted as built.
- Scope drawings, inspection access, and corrections before relying on a construction price.
Tell us what was built and whether you have a City notice or deadline. Our first conversation is free and helps identify the records and assessment needed. The City determines the permit requirements.
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What San Jose says about unpermitted work
The City's legalizing construction page says building permits are typically required for structural work and electrical, plumbing, and mechanical improvements. Bulletin #202 says the passage of time or a change of ownership does not make work done without required permits legal. The City can issue a $1,000 citation for unpermitted work, while owners who voluntarily seek compliance may avoid one. Neither result is automatic.
Check the records first
Before assuming the addition has no permit, search the address at SJPermits.org; an older permit may exist. If you received a notice, the City also lets anyone search active and closed Code Enforcement cases from the past two years by address or case number (City of San José: Request Service and Check Status). Our guide to what to do after a San Jose code enforcement notice covers the first steps.
How an addition may be legalized
The path depends on what was built and what inspectors can see. City Bulletin #202 distinguishes work concealed by finishes from visible improvements. For concealed electrical or plumbing work, it directs owners to schedule a Code Enforcement inspection for guidance. An addition may then require drawings showing the existing construction, plan review, a permit, access for inspection, corrections, and final inspection. The City decides the actual requirements for the property.
A garage converted to a dwelling may have a different permit path. A qualifying ADU or JADU built or converted before January 1, 2020 may use San Jose's AB 2533 legalization program, which has specific eligibility and safety standards. See our unpermitted ADU guide before assuming the ordinary addition rules apply.
What it may cost
There is no reliable price from the square footage alone. City fees depend on the application, and construction cost depends on structure, utilities, access, and required corrections. Some work may have an existing permit record; other work may need investigation and significant rebuilding. We review the records and City findings first, then put a defined construction scope in writing. For current City fees, use its building permit fee page.
One City fee surprises most owners. San Jose's building fee schedule charges a "fee for work without a permit" equal to the permit issuance, plan review and permit fees, so the City's fees roughly double, and it is owed whether or not a permit is ever issued. If the City inspects before a permit is issued, it can also charge a survey fee of $315 per hour. A qualifying ADU built before 2020 can use the AB 2533 program instead. Other cities set their own rules; see the penalty rules by city.
Legalize, change, or remove the work?
Depending on the City's findings, the options may include permitting the work, modifying it to meet requirements, or removing and restoring it. Those choices have different costs and time frames. A contractor can assess the construction, while the City determines the acceptable permit path. If a sale is involved, coordinate the timing and disclosure questions with your real estate or legal adviser. Our sale planning guide covers the construction records to gather.
How we help
Silicon Valley Building Service and Repair can assess the existing construction, coordinate drawings and permit applications, complete corrections, and arrange inspections. The City decides which work is required and when the permit or case is final. Read our code violation service overview for the full workflow.
Common questions
How do I start legalizing an unpermitted addition in San Jose?
Does unpermitted work become legal if I have owned the home a long time?
Can I sell a house with an unpermitted addition?
What will legalizing an addition cost?
Related reading: how San José building inspections work, legalizing unpermitted work in Los Gatos, and legalizing unpermitted work in Saratoga.