Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Statute of Limitations for Permit Violation Claims
Key Time Limits
Breach of written contract: 4 years (CCP §337).
Breach of oral contract: 2 years (CCP §339).
Negligence: 2 years from discovery (CCP §339).
Fraud / misrepresentation: 3 years from discovery (CCP §338(d)).
Latent construction defect: Up to 10 years from substantial completion (CCP §337.15).
Patent construction defect: 4 years from discovery (CCP §337.1).
Real estate non-disclosure: 3 years from discovery.
When Does the Clock Start?
For many claims, the discovery rule applies — the statute begins when you discover or reasonably should have discovered the problem. This is especially important for unpermitted work by a previous owner.
Don't Wait
Even with discovery rules, courts expect reasonable diligence. If you know about a potential claim, consult an attorney promptly.
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
When does the statute of limitations start for permit violations?
It depends on the claim type. For discovery-based claims (fraud, non-disclosure, latent defects), the clock starts when you discover or reasonably should have discovered the problem.
Can the statute of limitations be extended?
In some cases. Fraudulent concealment can toll (pause) the statute. Additionally, the discovery rule delays the start date until you know or should know about the problem.
What if I missed the statute of limitations?
Once expired, you generally cannot bring the claim. However, there may be exceptions based on tolling, delayed discovery, or continuing violations. Consult an attorney immediately.
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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