Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Contractor Didn't Pull Permits in California
Key Takeaways
- The property owner is responsible for compliance — even when the contractor failed to pull permits
- You may have a claim against the contractor for permit fees, corrections, and related damages
- Under BPC §7031, if the contractor was also unlicensed, you may recover all money paid
- Do not ignore the problem — unpermitted work creates liability during sales and insurance claims
Why the Property Owner Gets the Notice
In California, building permits are the responsibility of the property owner, not the contractor. When your contractor builds without permits, the city or county will send the violation notice to you. This feels unfair, but it reflects how California building codes are structured — the property is what must comply, regardless of who did the work.
Your Legal Options Against the Contractor
Breach of contract: If your contract required the contractor to obtain permits (most do, either explicitly or implicitly), their failure to do so is a breach. You can recover damages including the cost of after-the-fact permits, correction work, and related expenses.
Negligence: A licensed contractor has a professional duty to obtain required permits. Failing to do so is a breach of the standard of care.
BPC §7031: If the contractor was not properly licensed at the time of the work, you can recover all money paid — even if the work was done correctly.
CSLB complaint: File a complaint with the Contractors State License Board. The CSLB can discipline the contractor and the complaint strengthens your civil claim.
Steps to Take Now
- Get a copy of the violation notice and understand the compliance deadline
- Gather your contract, payment records, and communications with the contractor
- Contact the building department about the after-the-fact permit process
- Send a written demand to the contractor for the cost of compliance
- Consult an attorney if the costs are significant or the contractor is unresponsive
Bay Legal PC — Permit Violation Law Attorneys
Bay Legal PC in Palo Alto handles permit violation law disputes throughout California. Free initial consultations available.
Get a Free Consultation →Frequently Asked Questions
Can I sue my contractor for not pulling permits?
Yes. If your contract required permits (most do), the contractor’s failure is a breach. You can pursue them for the cost of permits, corrections, fines, and related damages through demand letters, small claims court, or civil litigation.
Who pays to fix unpermitted work — the homeowner or the contractor?
The homeowner must bring the property into compliance, but can recover costs from the contractor who failed to obtain permits. If the contractor was unlicensed, BPC §7031 allows recovery of all money paid.
How do I find out if my contractor pulled permits?
Contact your local building department and request a permit history search for your property address. Many jurisdictions also offer online permit databases where you can search by address.
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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