Do You Need a Permit for a Kitchen or Bathroom Remodel in San Jose?

The City of San José lists this work as exempt from a building permit; Municipal Code Chapter 24.02 has the full list. The exemption covers that work only. If the same project adds a circuit, it needs an electrical permit. If a concealed drainpipe, trap, or vent pipe has to be replaced, the City treats it as new work that needs a plumbing permit. Installing a major appliance can need a permit too.

Repairs, yes. Replacing the fixture usually isn’t exempt. Under Municipal Code Section 24.02.130, you don’t need a plumbing permit to clear a stoppage, repair a leak in a pipe, valve, or fixture, or take a toilet out and reinstall it, as long as the work doesn’t involve replacing or rearranging valves, pipes, or fixtures. The City’s list adds minor parts replacement.

The only toilet replacement the City’s list mentions is a low-flow toilet installed through a City water-conservation retrofit program, and that exemption does not apply to remodeling projects. You may read elsewhere that a like-for-like toilet swap needs no permit, but we don’t find that in the code. If you’re not sure about a single fixture, call the City’s Permit Center at 408-535-3555 before you start.

The City of San José defines a minor kitchen or bathroom remodel as multiple fixture and appliance replacements that involve new electrical, plumbing, or mechanical work, without changing the number or location of fixtures and appliances. No walls, windows, or framing can change, and the work has to stay inside the kitchen or bathroom. Anything outside those rooms is permitted separately.

Plans are not needed for a minor remodel permit. You use the Application Wizard at SJPermits.org, pay the fee online, and download the permit card.

Under the City’s definition, a kitchen or bathroom remodel is major if it includes any of the following. Moving the vanity and toilet, as in Landford’s San Jose layout redesign, is the kind of change this covers.

A major remodel needs plans, and the City offers three review paths. Over-the-Counter service issues the permit during your visit if the plans and documents are accurate. It is limited to one-story single-family homes and remodels of 750 square feet or less that use standard (prescriptive) framing and don’t remove or alter load-bearing walls, beams, or roof framing. The property has to meet other conditions too, such as not being in certain flood or hazard zones.

Residential Express reviews uploaded plans faster for a premium fee and issues the permit in a virtual meeting. Projects that don’t qualify for either service go through Standard Plan Review.

The City recommends working with professionals on plans, because inaccurate plans mean resubmittals and more fees. Our guide on whether you need an architect or designer explains when a licensed signature is required, and our guide on removing a wall to open up a kitchen covers the structural side.

The City publishes approximate review times for Standard Plan Review. For single-family and duplex alterations with no structural calculations, the first round takes about 10 working days and each later round about 5. Review doesn’t start until fees are paid and complete, accurate plans are uploaded. The online minor remodel permit and Over-the-Counter service don’t go through that queue.

These are the City’s review times, not construction time. Our guide to how long a remodel takes covers the rest of the schedule.

It depends on the project, and the City’s fee schedule changes. For an online minor remodel permit, SJPermits.org shows the fee before you pay. For other projects, the City gives estimates by email at BuildingPermits@sanjoseca.gov when you attach its Permit Cost Estimate Worksheet. Our budget guide lists the other City charges to plan for.

Your permit card lists the required inspections. Plan for rough inspections, such as for a tub or shower, and then final inspections. The card has to stay on site, and the inspector needs access to all of the work.

For minor kitchen and bathroom remodels, the City lists the key requirements below and notes that the list is not complete. The alarm requirement covers bedrooms and sleeping areas across the house, not only the room you’re remodeling.

The City strongly recommends that a licensed contractor complete and sign the application, which is also called pulling the permit. Whoever signs is responsible for all activity under that permit and holds the liability for the project. If a homeowner applies as an owner-builder, the City points to the CSLB’s warning for owner-builders.

Contractors may pull only the permits that relate to their license classification, so check the license before you agree on who applies.

The City of San José says it is illegal to do certain kinds of projects without the required permits. It also notes that state law requires you to disclose unpermitted work when you sell the property, and that insurance generally won’t cover damage related to unpermitted work.

To check a property, go to SJPermits.org, click Search Property, and enter the address to see the permits pulled for it. To ask about necessary permits or how to legalize unpermitted construction, the City invites you to call a Code Enforcement Inspector at 408-535-7770.

This guide covers the City of San José. Some neighborhoods surrounded by San José are unincorporated county land, called islands or pockets, and remain under the County of Santa Clara’s land-use authority. Building permits there come from the County’s Department of Planning and Development, and you can look up a property’s jurisdiction by address in the County’s Property Explorer.

Other cities set their own rules, and some differ from San José in ways that matter. Our guide to remodel permits in South Bay cities compares them.

California’s CSLB says a home improvement contract should state who will get the necessary permits. Also put these in writing:

Landford Construction, Inc. (CSLB #1160801) applies for the permits on the kitchen and bathroom remodels it builds, manages them, schedules the inspections, and updates you after each stage and inspection. You pay only the City’s permit fee, which isn’t part of the contract price.

Send photos of your kitchen or bathroom with a note on what you want to change, and Adam responds within one business day.