Frequently Asked Questions

There are provisions in the Building Code for construction of simple one-story buildings without the assistance of plans designed by an architect or engineer. Homeowners can obtain permits and undertake construction themselves once plans are approved by the City however it is advisable for homeowners to work with a licensed contractor during the construction phase of the project. Any work exceeding $500 in labor and materials is required to be done by a licensed contractor unless solely done by the homeowner. Always hire a licensed contractor and request his/her license number. You can contact various State agencies to obtain information: Architects – Contact the California Board of Architectural Examiners (www.cab.ca.gov) or call (916) 445-3394. Engineers – Contact the California Board of Registration for Professional Engineers and Land Surveyors (www.dcs.ca.gov/pels) or call (916) 263-2222. Contractors – Contractors State License Board (www.cslb.ca.gov) or call 1-800-321-2752.

You are allowed to repair up to ten percent of your roof area without a permit. A permit is required from the City to re-roof any structure or for repairs that exceed ten percent of the roof area. Many of the homes in Monte Sereno are located in hillside areas or adjacent to heavily wooded areas. The fire protection regulations the City and the Santa Clara County Fire District require roof assemblies to meet a class "A" assembly fire resistance rating in these hillside areas. All other areas of the City are required to meet a minimum class “B” assembly. If you are considering roof repairs or replacement check that the contractor has obtained a permit from the City before they begin any work. It also helps to ask for a few addresses where they have applied the same type of roof that you are considering for your home. Always make sure that the City has completed a final inspection of the roof and signed the permit before you make the final payment to the contractor.

Permits are good for 180 days from the date they are approved. A permit is extended for an additional 180 days once an inspection is made by the City Building Department and it is shown that significant progress has been made toward the completion of the project. If a permit is not paid for within 180 days of its approval the project is cancelled and the homeowner is responsible for paying the plan review fees. Once the project is canceled the City destroys any plans that have been submitted. If a homeowner or contractor pays for a permit and does not call for an inspection within 180 days or more than 180 days elapses between inspections then the permit expires. A permit can be renewed one time if it has been less than one year since it expired by paying the City one half of the original permit fees. If the permit has been expired for more than a year and all rough inspections have been performed then a new permit to final may be issued. If the permit was expired without rough inspections contact the Building Official to discuss your project.

There is a variable formula in the California Building Code to determine the cost of a building permit and plan review depending on the value of the construction. The value of construction is based on a fee schedule adopted by the City Council. The fee schedule specifies the value per square foot depending on the type of construction. Fees for other types of permits such as electrical, plumbing and mechanical are also based on the fee schedule adopted by the City Council.

The California Building Codes are minimum life safety codes. If your project does not conform to the code then the project will have to be modified to meet the code.

The City operates under the provisions of the California State Building Code with very few local amendments. The State Building Code requires permits any time a building or structure is “erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished…”. That is very large in scope. There are projects that may not require building permits but may require other types of approval by the City and meet other requirements of the municipal code, such as setbacks and lot coverage limits. Projects exempted from building permits are: Single story, detached accessory buildings such as tool and storage sheds, playhouses and similar uses that do not exceed 120 square feet in floor area. These structures must still meet applicable setbacks and detached structures may also require a use permit; Fences not exceeding 7 feet in height; Movable cases, counters and partitions not over 5 feet 9 inches high; Retaining walls not over 4 feet in height measured form the bottom of the footing to the top of the wall, unless the wall is supporting a surcharge; Walks and driveways not more than 30 inches above grade and not over any basement or story below. Walks, driveways and landing places must still meet applicable setbacks and lot coverage limits; Painting, papering and similar finish work; Window awnings supported by an exterior wall as long as they do not project more than 54 inches from the wall. These structures must still meet applicable setbacks and lot coverage limits; Prefabricated swimming pools that are less than 24 inches deep. Pools must still meet applicable setback and lot coverage limits. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to the dwelling and do not serve the exit door. Swings and other playground equipment. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1. Although the items mentioned above may be exempt from a building permit, they may require separate electrical, plumbing or mechanical permits. If you have a question as to whether your project requires a permit call the Building Department at (408) 354-2805 or visit City Hall.

Homeowners are responsible for any construction on their property. The homeowner may have a contractual agreement with the contractor for the contractor to obtain permits but the homeowner should not allow any construction to begin until the contractor has obtained the appropriate permits from the City.