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Owner-builder permits in San José: can you pull your own permit?

Often, yes. The City of San José lets the property owner of record sign a building permit application and file an Owner Acknowledgement and Information Verification form. The City still strongly recommends a licensed contractor, because whoever signs is responsible for everything done under the permit.1 This is general information, not legal advice.

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The short version

The owner of record can sign

You must be the owner recorded by the County Tax Assessor. If you bought recently, bring proof of ownership such as closing papers or title information.1

The signer carries the liability

Whoever signs the application, also called pulling the permit, is responsible for all activity under it and holds the liability for the project.1 CSLB says an owner-builder assumes full responsibility for all phases of the project.2

State law limits who is exempt from a license

An owner doing or directing the work is exempt from licensing only in set cases, and selling the structure soon after can undo the exemption.34

How an owner-builder permit works

The City's steps and the state rules behind them.13

  1. Check that you qualify

    Under Business and Professions Code 7044, you can build or improve your own property without a contractor license if the work is not for sale and you do it yourself or with employees paid wages. You can also hire properly licensed trades, or a General Building (B) contractor. A homeowner improving a principal residence is exempt if the work is done before sale, the homeowner lived there for the 12 months before the work was finished, and the exemption has not been used on more than two structures in three years.

  2. Confirm you are the owner of record

    The City requires the applicant to be the owner as recorded by the County Tax Assessor, or to show proof of ownership if the record is not yet updated.

  3. File the application and the verification form

    Submit the Building Permit Application together with the City's Owner Acknowledgement and Information Verification form. At permit issuance, bring a driver's license or other proof of identification.

  4. Run the job

    CSLB says an owner-builder must pull all building permits, order materials, make sure suppliers are paid, and supervise, schedule and pay subcontractors.

  5. Pass inspections

    Your project must pass codes and building inspections.2 See our inspection scheduling guide.

Responsibilities and risks

You may become an employer
CSLB says that if you use anyone other than a licensed subcontractor, you may be considered an employer. Employers must register with the state and federal governments and take part in income tax withholding, Social Security taxes, workers' compensation insurance, disability insurance and unemployment contributions.2
Injuries and insurance
CSLB warns that if your workers are injured, or your subcontractors are unlicensed or lack liability or workers' compensation insurance and they are injured, you could be asked to pay through your homeowner's insurance policy or face lawsuits.5
Selling within a year
If the structure is sold or offered for sale within one year after completion, the law presumes it was built for sale, which can defeat the exemption. Five or more sold within a year is a conclusive presumption.3
Liens and unlicensed "consultants"
Unpaid subcontractors and suppliers may file mechanics liens against your property. CSLB also warns that unlicensed people who charge a fee to guide you through the owner-builder process are breaking the law.5

Rather not carry the liability? We pull the permit and do the work.

Tell us about the project. We walk the job, pull the permit as the licensed contractor and schedule the inspections through final.

  • The city and the age of the house
  • What you want built or changed
  • Whether plans or a permit already exist

Prefer to talk? Call (408) 667-4946 or send a text. Office hours: Monday to Friday, 7 am to 3 pm.

David and Tristan, the owners, stay involved from the first walkthrough to the final check. We reply the same business day, Monday to Friday.

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Owner-builder permits: common questions
Can I pull my own building permit in San Jose?
In many cases, yes. The City allows the property owner of record to sign the building permit application, with an Owner Acknowledgement and Information Verification form. The City strongly recommends a licensed contractor instead, because the signer is responsible for all activity under the permit.
What does the City require from an owner-builder?
The Building Permit Application, the Owner Acknowledgement and Information Verification form, a driver's license or other proof of identification at permit issuance, and proof that you are the owner of record. The County Tax Assessor's record is the test, so recent buyers may need closing papers or title information.
Can I hire my own subcontractors?
California law allows an owner to contract directly with properly licensed trades. For single-family homes, no more than four structures can be intended or offered for sale in a calendar year, and that limit does not apply if the owner hires a general contractor. If you use anyone other than a licensed subcontractor, CSLB says you may be treated as an employer.
What if I sell the house soon after the work?
Under Business and Professions Code 7044, selling or offering the structure for sale within one year after completion creates a rebuttable presumption that it was built for sale. A homeowner exemption also requires living in the home for the 12 months before the work was completed.
Is it a good idea to be my own contractor?
That depends on the project and your experience. CSLB points out that mistakes can be costly, that unpaid suppliers can file liens, and that you assume full responsibility for the project. This is general information, not legal advice. We can pull the permit and do the work as the licensed contractor (CSLB #1050108).

Sources

This page is general information, not legal advice. It explains the City's published rules and state law as the sources state them. The City and your attorney decide what applies to you.