What Type of Construction Requires a City Permit?

Beverly Hills regulates interior and exterior construction through building permits. The process ensures that work will comply with state and local building codes. But permits also protect multifamily occupants from construction conditions that could compromise public safety and to some extent shield tenants from impacts that negatively affect habitability. However too much work occurs without the required permits. We should know which type of construction requires a permit and what to do if the work is not properly permitted.

Why Permits Are Important

“In the State of California building is a privilege, not a right,” says the city in a Permitting Guide information sheet. “Much in the same way you need a driver’s license to drive a motor vehicle, you need a building permit to construct.” Kitchen and bathroom remodels require a building permit. Interior work that affects electrical and plumbing systems requires those respective permits. Even laminate flooring requires a permit because City of Beverly Hills want to be sure that new flooring meets a minimum standard for sound insulation.

When work occurs without a permit, the city can’t be sure work meets state and local standards. But too often we see multifamily landlords undertake construction without a permit. During the past year on Reeves alone, for example, we reported several instances of unpermitted kitchen and bathroom remodeling; two instances of interior demolition; unpermitted hazardous materials abatement; roofing repairs; and window replacement. Each needed a permit. Eventually the permits were obtained.

Construction that proceeds without a permit is more likely to violate the city’s prohibition on construction after hours, on weekends and on holidays. And if no permit is pulled the city cannot ensure that multifamily occupants are provided a means and method plan (if required) to disclose construction impacts and to identify appropriate mitigations.

We encourage multifamily residents to check on the existence of a permit whenever nearby construction seems to warrant one. And if no permit exists then please contact the city and file a complaint.

When is a Permit Required?

Permit requirements are explained in section 9–1–10 of Title 9 of the Municipal Code (Building and Property Health and Safety Regulations). The regulations are a bit complex so we will boil it down.

Interior construction and improvements that require a permit:

• Cutting away of any wall or partition or portion of any wall or partition;
• Structural changes such as the removal or cutting of a beam or load bearing support;
• Alteration to any means egress (i.e., doorways) and window replacement or closure;
• Kitchen and bathroom tiling;
• Plumbing such as the removal and replacement of any concealed trap, drainpipe, waste or vent pipe;
• Electric wiring (new or replaced);
• Installation of laminate flooring; and,
• Furnace, water heater and HVAC installation or replacement.

A permit is NOT required for painting, wallpaper, or other interior finishes including carpeting. Nor is a permit required for simply changing a faucet or unclogging a kitchen or bathroom drain. Installation of portable heaters or window air conditioners does not require a permit nor does the replacement of electrical outlets (the wall box). Pest control does not require a permit.

Exterior construction and improvements that require a permit:

• Roofing and/or the replacement of rain gutters;
• Removal and reinstallation of multifamily walkways;
• Window replacement;
• Major repairs to structural elements (such as a balcony or stairway);
• Front yard fencing of any height (elsewhere fences taller than 6 feet); and,
• Retaining walls at the front property line if they are taller than 3 feet (elsewhere 4 feet or more).

A permit is NOT required for the cleaning of rain gutters, exterior painting or power-washing, repairs to handrails and the like or any kind of landscaping that does not involve grading.

How to Spot No-Permit Construction ?

Noise is the first sign of unpermitted construction. No construction for which a permit is required should occur between 6 pm and 8 am (unless specifically permitted for after-hours construction). When such construction occurs on a weekend or holiday it is surely being done without a permit.

The presence of a work crew and tools is another sign. When a tile saw or chop saw makes an appearance, or when one or more licensed contractors spends time on the premises, then the work is also likely to require a permit. Contractors branded for mold or hazardous materials abatement is another red flag. More obviously, scaffolding erected on the premises or the presence of bulk building material suggests that a permit is necessary.

Sometimes it means playing detective. Is there the presence of construction debris on the premises or in the trash cans? (Construction debris is not allowed in alley trash.) Are there new appliances being installed? Any vacant unit should get a second look for remodeling that may be happening without the necessary permits.

Search for a Permit

Suspicious that construction work may not be permitted? Visit the online property info database to check. It’s easy. We report some instance of unpermitted multifamily construction every week.

There are two ways to check for a permit. The first is to call the code enforcement division at (310) 285–1119 (on weekdays). Provide the address to the secretary and they can say whether or not a permit is on file. The call-in line is open for business weekdays and during office hours only.

The second method is to search online for a permit. Visit the online property info database which is available 24–7. Click on the magnifying glass (search button) on the top left, and enter the street address of the subject property in the search field that pops-up. For example enter 156 S Reeves. (Don’t spell out ‘south’ and don’t include ‘drive.’) From the links choose the link which is marked ‘land.’

Sometimes the entered address identifies an individual unit at that property. In that case the link may read ‘occupancy’ and not ‘land.’ If that is the case, then click on the ‘occupancy’ link and it will take you to the property record. For example 9417 Charleville is an individual unit at a property which is part of the land parcel labeled as 156 Reeves. In this case the search returns a link marked as ‘occupancy.’ Click on that one.

Either search again using the property’s master address OR click on the occupancy link and navigate to the vertical tab on the left marked ‘address browser.’ Expand it and choose the top-level entry which, in this case, is 156 Reeves.

Once in the property record, make sure that the parent record in the left sidebar (in this instance 156 S Reeves) is highlighted. That will show all permits for the property. Then on the right main window you would scroll down to the ‘activities/permits’ section and relatively recent permits are shown there. This includes building permits and permits for other purposes (like electrical, plumbing, seismic retrofit, flooring, or fencing).

If there is no relevant permit there then it is likely there is no permit for the work and the next step is to file a complaint. If there is a recent permit, then click on that entry to examine the permit details which may indicate the purpose of the work.

File a Complaint

There are two ways to submit a complaint in writing: via the city’s online Ask Bev platform, which sucks and has always sucked; or via an email sent to community preservation (aka code enforcement). We recommend submitting complaints in writing by email. That provides a paper trail as is necessary for later follow-up. One can submit a complaint by phone to 310-285–1119 (on weekdays only) but we don’t recommend it because there is no paper trail. If it’s not documented then the city may not open a case and the complaint will go nowhere.

After Hours

If a complaint concerns work which 1) requires a permit AND 2) occurs after hours (that means 6pm to 8am weekdays or any weekend or holiday), then a complaint should be made by phone to the BHPD non-emergency number at 310-550-4951. The police should contact the after-hours code enforcement officer. If the work requires a permit and continues to occur after a couple of hours, then call back and ask the police whether the complaint was referred to an on-duty code enforcement officer. If so, get that officer’s name.

As always, follow-up is essential! Contact community preservation (aka code enforcement) to get the case number and the name of the assigned code inspection officer. Then contact that officer directly to keep on top of the case. Keep records on your effort to follow-up like a log of our calls or emails. Remember, an educated and empowered tenant is the best antidote to a crappy landlord!