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What happens if you build or remodel without a permit in San Francisco?

Last checked Nov 6, 2026

The short answer

  • If DBI finds work done without a permit, it can stop the job, issue a public Notice of Violation and charge a penalty on top of the permit fee.
  • To fix it, you apply for a permit for the work already done, and inspectors may need walls or floors opened.
  • Unpermitted work stays off the property’s record and often comes up later: a neighbor complaint, an insurance claim or a sale.

If the San Francisco Department of Building Inspection (DBI) catches you building or remodeling without a required permit, the city can issue an immediate Stop Work Order (San Francisco Building Code Section 104A.2.4), serve a public Notice of Violation (SFBC Section 102A.4), and charge an investigation penalty equal to 9 times the Permit Issuance Fee on top of the original permit fee (10 times the issuance fee in total) under SFBC Section 107A.5 and Section 110A, Table 1A-K (SF.gov NOV guide). You also have to apply for a permit for the work and bring plans if required (SF.gov guide to fixing a building code violation). Inspectors may need you to open walls or floors so they can see the work behind them.

Even when no inspector stops by during construction, unpermitted work stays off your property’s official record. That gap routinely surfaces years later when a neighbor files a 311 complaint, when you apply for a permit on another part of the house, or when a buyer checks DBI’s permit history before making an offer.

How DBI finds out about unpermitted work

Homeowners often assume that quiet interior work won’t draw attention once the contractor’s truck leaves. In dense San Francisco neighborhoods, unpermitted work usually comes to DBI’s attention through one of four channels:

  • Neighbor or tenant complaints through 311: Anyone can look up an address in the SF.gov Permit and Complaint Tracking System to see if an active building permit exists. When someone reports a problem, DBI says it sends an inspector to investigate within 72 hours (SF.gov guide to fixing a building code violation).
  • Inspections: DBI can issue a Notice of Violation after an inspection, or when it needs to stop construction work (SF.gov NOV information). The Building Official can also order unpermitted work to stop (SFBC Section 104A.2.4).
  • Future permit applications: DBI can also issue a Notice of Violation while a permit is being reviewed or processed (SF.gov NOV information). So a permit for a new project years later can bring older unpermitted work to light.
  • Home sales: When a San Francisco home is sold, owners or realtors are legally required to give the buyer a Report of Residential Building Record (3R Report). The report costs $379 and lists the building’s authorized use and building permit history (SF.gov 3R Report page). Buyers can also look up the address in DBI’s online Permit and Complaint Tracking System.

What happens step by step after you get caught

SF.gov describes the enforcement process in these steps (SF.gov guide to fixing a building code violation):

  1. Stop-work order: If construction is still underway, the Building Official can serve a written stop order under SFBC Section 104A.2.4. All work covered by the notice must stop immediately until DBI authorizes you to proceed.
  2. Notice of Violation (NOV): If the inspector finds a violation, they write a Notice of Violation that describes it and the corrections you need to make. DBI posts the notice on the building and mails it to you. SF.gov lists 30 days to file the permit needed to fix the violation (SF.gov guide to fixing a building code violation). Anyone can follow the complaint in DBI’s online tracking system (SF.gov NOV information).
  3. Follow-ups and monitoring fees: While the case is open, the inspector checks on progress about every 30 days (SF.gov guide to fixing a building code violation). While the case is open, DBI also charges a monthly violation monitoring fee under SFBC Table 1A-K.
  4. Director’s Hearing: If you haven’t tried to resolve the violation and DBI doesn’t hear from you, it moves the case to a Director’s Hearing. DBI posts a Notice of Director’s Hearing on the building and sends it by certified mail. From this point, abatement fees add up until the problem is fixed (SF.gov guide to fixing a building code violation). The hearing itself is billed by the hour under SFBC Table 1A-K.
  5. Order of Abatement and property lien: If the problem remains, the hearing officer issues a Director’s Order of Abatement. You can appeal it to the Abatement Appeals Board within 15 days. If you don’t win an appeal, DBI records the order at the Recorder’s Office and places it on the property’s land records. If you don’t fix the violation by the date in the order, DBI places a lien on the property (SF.gov guide to fixing a building code violation). Recording a lien adds its own charge (SFBC Table 1A-K). If a property accumulates more than 3 liens or orders, DBI refers the case to the City Attorney (SF.gov guide to fixing a building code violation).

San Francisco penalty fees and fines for unpermitted work

San Francisco sets exact penalty multiples in SFBC Section 107A.5, Section 103A, and Section 110A, Table 1A-K. Every fee below is paid by the property owner on top of the normal plan-review and permit fees.

San Francisco Building Code penalty fees and civil penalties for unpermitted work
Violation or administrative actionSan Francisco penalty or fee
Starting or doing work without a building, electrical, or plumbing permitInvestigation fee of 9 times the Permit Issuance Fee plus the original permit fee (10 times the issuance fee in total, plus plan review fees)
Exceeding the scope of an approved building permit2 times the Permit Issuance Fee for the work done beyond the approved plans
Appealing the investigation fee for unpermitted workOwners may be able to reduce the fee by filing an appeal with the Board of Appeals
Continuing Building Code violation prosecuted in civil court by the City AttorneyDaily civil penalties for each day the violation continues

Sources: SFBC §107A.5 · SFBC Table 1A-K · SF.gov · SF.gov · SFBC §103A(a)(1)

Paying the investigation fee does not close the case. You still have to follow the corrective actions on the Notice of Violation and get the site inspected (SF.gov NOV information).

How to legalize unpermitted work and clear a Notice of Violation

To clear a Notice of Violation or voluntarily clean up unpermitted work you discovered on your property, DBI requires you to permit and inspect the work (SF.gov guide to fixing a building code violation). Not sure the work needed a permit at all? Start with our guide on when you need a building permit in San Francisco.

  1. Read the Notice of Violation carefully: Note the violation description, the code sections cited, the assigned division (Building Inspection or Code Enforcement), and the compliance deadline (SF.gov NOV information).
  2. Hire a designer, architect, or engineer if plans are required: Whenever the unpermitted work changed room layouts, added plumbing fixtures in a new location, altered framing, or converted space, you must submit existing and as-built drawings (SF.gov check if your permit needs plans). Under California B&P Code §5537 and B&P Code §6737.1, an unlicensed designer may draw conventional wood-frame work in a 1-to-4 unit building up to two stories plus a basement, while any non-conventional framing or structural alteration must be signed and stamped by a licensed architect or engineer (B&P Code §5537(b)). Our guide on architect vs. building designer in California explains who can draw which legalization plans.
  3. File the permits the notice calls for: Your Notice of Violation tells you whether you need a permit to fix the violation and which permits you need. That can include separate electrical or plumbing permits (SF.gov guide to fixing a building code violation).
  4. Open concealed work for field inspection: Inspectors can’t sign off what they can’t see, so you may need to open sections of drywall, tile, or subfloor to expose framing, plumbing, and wiring.
  5. Pass final inspection to close the case: When the work is done, schedule a final inspection. If the violation is corrected, the inspector closes the case. You also have to pay any hearing and abatement fees before the case can close (SF.gov guide to fixing a building code violation).

If the unpermitted work is an unauthorized in-law unit or accessory dwelling unit that existed before Jan 1, 2013, San Francisco offers a voluntary unit legalization screening and permit pathway under SFBC Section 106A.3.1.3.

Why unpermitted work surfaces during insurance claims and home sales

Unpermitted work also creates problems when you insure or sell the house. If a fire starts in unpermitted wiring or a pipe bursts in an unpermitted bathroom, your homeowner’s insurance carrier may dispute coverage for damage tied to non-compliant construction. When you sell a home in California, California Civil Code Section 1102.6 requires you to disclose whether you’re aware of room additions, structural modifications, or other alterations made without necessary permits. See our guide on selling or buying a house with unpermitted work in California for your options before listing.

Common questions

What is the fine for building without a permit in San Francisco?

Under SFBC Section 107A.5 and Section 110A, Table 1A-K, DBI charges an investigation penalty equal to 9 times the Permit Issuance Fee plus the original permit fee (for a total of 10 times the Permit Issuance Fee, on top of plan review fees). If the violation isn’t corrected and goes to civil court, SFBC Section 103A(a)(1) allows daily civil penalties for as long as the violation continues.

Am I responsible for unpermitted work done by a previous owner?

Yes, code violations attach to the property, so the current owner is responsible for obtaining a permit to legalize or remove unpermitted work once DBI flags it (SFBC Section 102A.4). If the fees are for unpermitted work, you may be able to reduce them by filing an appeal with the Board of Appeals (SF.gov guide to fixing a building code violation). If the work was done before you owned the property and you can document that, the Building Official may cut the investigation fee to two times the permit fee. The Board of Appeals can also reduce it, but not below two times (SFBC Section 107A.5).

What happens if my contractor exceeds the scope of our approved permit?

Doing work beyond what is shown on your approved permit drawings is a separate violation. Under SFBC Table 1A-K and SF.gov’s Notice of Violation guide, DBI assesses a penalty of 2 times the Permit Issuance Fee for the work that exceeded the approved scope, and requires a revision permit covering the changes.

How do I check if a San Francisco property has an open Notice of Violation?

Enter the street address or block and lot number in DBI’s Permit and Complaint Tracking System. The complaint and violation tab shows every reported complaint, active Notice of Violation, Order of Abatement, and whether the case has been abated.

Hiring an architect or engineer to legalize unpermitted work?

Before you hire someone to plan a remodel or draw as-built plans to clear a violation, check their record. Look up any architect or engineer by name or license number to see their California license status, board discipline history, and past San Francisco permits.

For example “Jordan Lee”, C-34567 or S 5123.

Sources

  1. San Francisco Building Code Section 102A (Unsafe Buildings & Notices of Violation), American Legal Publishing / City and County of San Francisco. Read Nov 6, 2026.
  2. San Francisco Building Code Section 103A (Violations & Civil Penalties), American Legal Publishing / City and County of San Francisco. Read Nov 6, 2026.
  3. San Francisco Building Code Section 104A.2.4 (Stop Orders), American Legal Publishing / City and County of San Francisco. Read Nov 6, 2026.
  4. San Francisco Building Code Section 107A.5 (Investigation Fees: Work Without a Permit), American Legal Publishing / City and County of San Francisco. Read Nov 6, 2026.
  5. San Francisco Building Code Section 110A, Table 1A-K (Penalties and Hearing Fees), American Legal Publishing / City and County of San Francisco. Read Nov 6, 2026.
  6. Notice of Violation (NOV) Information, City and County of San Francisco (SF.gov). Read Nov 6, 2026.
  7. Fix your building and housing code violation, City and County of San Francisco (SF.gov). Read Nov 6, 2026.
  8. Request a Report of Residential Building Record (3R report), City and County of San Francisco (SF.gov). Read Nov 6, 2026.
  9. California Civil Code §1102.6 (Real Estate Transfer Disclosure Statement), California Legislative Information. Read Nov 6, 2026.

This is general information, not legal advice.

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