Unpermitted construction and building code violations (Title 24)
For construction work, San Jose says any change to a structural, electrical, plumbing, or mechanical system needs a permit and an inspection. That covers the obvious projects, additions, garage conversions, decks, patios and patio covers, and moving or removing walls. It also covers the small jobs people are surprised by: swapping a water heater, replacing a furnace or adding air conditioning, running new electrical circuits, upgrading a panel, installing an EV charger, and relocating plumbing.
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Work done without those permits is what the city calls illegally constructed work, no matter how well it was built or who built it. The City can issue a $1,000 citation for it, but a property owner who cooperates and moves toward fixing the problem, what the city calls voluntary compliance, may avoid that citation entirely. Two things do not help: time and a sale. Unpermitted work does not become legal because it has been there for twenty years, and it does not become legal because you bought the house that way. Homeowners who want to check on their own property can call Code Enforcement at (408) 535-7770 or email CodeEnforcementInformation@sanjoseca.gov.
How it gets resolved: the path is legalization. That may mean documenting what exists, obtaining a permit, making work accessible for inspection, completing City-directed corrections, and passing final inspection. Eligible pre-2020 ADUs and JADUs have a separate AB 2533 safety-focused path. Structural changes can also pull in the city's updated seismic review requirements, which we covered in our post on San Jose's 2026 seismic review for remodels. This whole family is our core wheelhouse: see our step-by-step guide to legalizing an unpermitted addition in San Jose and our overview of how remodeling permits work.