Building Division FAQ

Building FAQs provide answers to common inquiries about permits, inspections, and construction regulations. It includes guidance on how to apply for permits, schedule inspections, pay for permit fees, and understand building codes.

Building Permits
Building Permits
1. What can I build without a permit?

    Permits are not required for the following when related to single family homes which do not encroach over a subsurface drain system, public utility easement, or into required setbacks from property lines:

    Building:

    1. One-story detached accessory structures, provided that the floor area does not exceed 120 square feet and not attached to the house. Any electrical work done will still require an electrical permit(PDF, 1MB). Please contact the Planning Department (408-777-3208 or Planning@cupertino.gov) for the required height and setbacks for your property.
    2. Fences not over 7 feet (2134 mm) high.
    3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
    4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
    5. Sidewalks and driveways.
    6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
    7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
    8. Swings and other playground equipment.
    9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
    10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. Please contact the Planning Department for any questions on property setbacks at (408) 777-3308.

    Electrical:

    1. Listed cord-and-plug connected temporary decorative lighting.
    2. Reinstallation of attachment plug receptacles (but not the outlets).
    3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
    4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
    5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
    6. Gas:
    7. Portable heating, cooking or clothes drying appliances.
    8. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
    9. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

    Mechanical:

    1. Portable heating appliances.
    2. Portable ventilation appliances.
    3. Portable cooling units.
    4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
    5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
    6. Portable evaporative coolers.
    7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
    8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

    Plumbing:

    1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
    2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

    Important Note:  If the item of alteration or construction is not listed above a permit is required.  Any additional questions contact the permit center staff.

     

2. Why do I need a Building Permit?

    The California Building Code requires a Building Permit for new Construction, Remodeling and Tenant Improvements for both Commercial and Residential projects; a mechanical permits for installation or replacement of mechanical equipment, such as furnaces, air conditioning units, hoods, boilers, etc.; an electrical permits for electrical equipment and electrical installations associated with other equipment, such as outlets, lighting fixtures, electrical wiring, electrical panels and services, signs; and a plumbing permits for installation or replacement of plumbing fixtures such as sewer, water and gas lines, water heaters, sinks, water closets, etc.

    If you are found performing construction work without the benefit of a building permit, a Building Inspector may stop the work in progress. Work cannot continue until a proper permit has been obtained. In these cases, permit fees are doubled. Work done without the benefit of inspections can pose a health and safety hazard and potentially make it harder to sell your home.

3. When is a Permit required?

    Building permits are required for new Construction, Remodeling and Tenant Improvements for both Commercial and Residential projects. Construction plans and documents are reviewed for compliance with applicable State and local laws and regulations.

    Mechanical permits are required for installation or replacement of mechanical equipment, such as furnaces, air conditioning units, hoods, boilers and others.

    Electrical permits are required for electrical equipment and electrical installations associated with other equipment, such as outlets, lighting fixtures, electrical wiring, electrical panels and services, signs and others.

    Plumbing permits are required for installation or replacement of plumbing fixtures such as sewer, water and gas lines, water heaters, sinks, water closets and others.

4. Do I have to hire a contractor to perform the work after receiving a Building Permit?

    No, you do not have to hire a contractor. Many homeowners do their own minor residential upgrades.

    However, if you do, please make sure your contractor has a City of Cupertino business license in addition to a State Contractor’s license. A final inspection cannot be scheduled until your contractor and all the sub-contractors used for your project have obtained a business license from the City.

5. What permits can I get online?

    The City of Cupertino uses an online permitting portal called Accela Citizen Access (ACA) for the following instant permits:

    • Furnace Replacement (same location, NO A/C, no historic properties, single-family/duplex only)
    • Whole House Re-pipe (interior only, no sewer permits, no historic properties, no HOA, residential only)
    • Re-roof (non-historic properties, no HOA, like-for-like, no Eichler, residential only)
    • Electrical Panel Upgrade (same location, no HOA, residential only)
    • Water Heater Replacement (standard gas only, not tankless, no HOA, same number of BTUs or less)
    • Siding Replacement (no historic properties, no HOA, no Eichler, residential only)
    • Electrical Charging Station (no historic properties, no HOA, residential only)
    • Temporary Power Pole (residential only, 200 amp maximum)
    • Solar Permit with SolarApp+ (Approved with SolarApp+, no Eicher, residential only)
 
Permit Center Counter
1. What are the hours for Over-the-Counter Building Plan Review?

    Monday through Thursday from 10:00 AM until 12:00 PM. 

    Santa Clara County Fire Department is available to review plans on Tuesday and Thursday from 11:00 AM until 12:00 PM. 

 
Application Submittal and Payment
1. Is electronic plan submittal required?
2. Where can I pay my permit fee?
    • Payments can be made through the Accela Citizen Access portal at www.cupertino.org/aca, which allows you to view, manage, and pay for permits online. Here is a guide to help you: How to Pay Fees Online(PDF, 373KB).
    • Alternatively, you can visit the Cupertino Building Counter at City Hall, located at 10300 Torre Avenue, Cupertino, CA, during business hours.
Building Code
1. What are the current adopted codes being enforced by the City of Cupertino?
2. When am I required to install smoke detectors and carbon monoxide warning systems in our home?

    The answer is found in the California Residential Building Code (Sections R314 and R315): 

    Smoke Alarms shall be provided in the following areas: (R314.3)

    1. In each sleeping room.
    2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
    3. On each additional story within a dwelling unit, including basements and habitable attics and not including crawl spaces and uninhabitable attics.
    4. Smoke alarms shall be installed not less than 3 feet horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by R314.3

    Carbon monoxide alarms shall be installed in the following area: (R315.2)

    1. Outside of each separate sleeping area in the immediate vicinity of the bedrooms.
    2. On every occupiable level of a dwelling unit, including basements.
    3. Where a fuel burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom.
3. Do I need a soil report if I want to build an addition to my house?

    The following examples of work may not require a soil Investigation report:

    1. Residential Additions/Remodels: Additions of 750 s.f. or less Detached Residential Accessory Structures: Detached residential accessory structures, such as garages, carports, recreation rooms, storerooms, workshops, stables, barns, playhouses, patio structures, gazebos, trellis, equipment sheds, animal enclosures and similar structures not exceeding 750 square feet in area.

    Non-Habitable Accessory Structures:  Miscellaneous structures such as ground-supported cantilever fences not exceeding 8 feet in height, decks no greater than 4 feet above grade at any point, retaining walls which retain no more than 4 feet level backfill, ground mounted photovoltaic systems, and other similar structures. For additional information, you can download our Modification Requests for Foundation and Soils Investigations form(PDF, 620KB)(PDF, 344KB).

4. Do I need an automatic fire sprinkler system if I want to remodel my house?
Records Search
1. How do I view building permit records?

    For permits information, please visit either of the following webpages.

    1. Laserfiche

      Research online public records.

      1. To browse building permits, navigate to Public Records > Building Department > Building Permits, then select the folder with the correct street name, and then select the street address number. 
      2. To search building permits, select Template search, select the building template, and search by the fields in the template.
    2. AgencyCounter

    Explore a map of Cupertino showing the location, status and details of Building and Planning Permits. Set up notifications for new permits in specific areas. 

    To review plans and supporting documents, you will need to complete and submit a Request for Research(PDF, 314KB) form. The City of Cupertino will complete the research within (10) business days from the date of the submitted request.

Construction Hours
1. What are the City of Cupertino Construction Hours?

    Construction is allowed during Cupertino daytime hours, which are defined as being between the following hours:

    • Weekdays – 7:00am to 8:00pm
    • Weekends – 9:00am to 6:00pm

    Construction, other than street construction greater than 750 feet of a residential area, is prohibited on holidays, except that construction conducted by a homeowner or resident of a single-family dwelling using domestic construction tools is allowed on holidays between the hours of 9:00am to 6:00pm

     

    Noise levels should not exceed the following limits:

    • Residential Point of Origin - 60 dBA
    • Nonresidential Point of Origin - 65 dBA

     

    Brief Noise Incidents

    During the daytime period only, brief noise incidents exceeding limits in other sections of this chapter are allowed; providing, that the sum of the noise duration in minutes plus the excess noise level does not exceed twenty in a two-hour period.  For example, the following combinations would be allowable:

     

    Noise Increment Above Normal Standard

    Noise Duration in 2-Hour Period

    5 DBA

    15 minutes

    10 dBA

    10 minutes

    15 dBA

    5 minutes

    19 dBA

    1 minute

     

    For multifamily dwelling interior noise, Section 10.48.054, the sum of excess noise level and duration in minutes of a brief daytime incident shall not exceed ten in any two-hour period, measured at the receiving location.

     

    Grading, Construction and Demolition

       A.   Grading, construction and demolition activities shall be allowed to exceed the noise limits of Section 10.48.040 during daytime hours; provided, that the equipment utilized has high-quality noise muffler and abatement devices installed and in good condition, and the activity meets one of the following two criteria:

          1.   No individual device produces a noise level more than eighty-seven (87) dBA at a distance of twenty-five (25) feet (7.5 meters); or

          2.   The noise level on any nearby property does not exceed eighty (80) dBA.

       B.   Notwithstanding Section 10.48.053A, it is a violation of this chapter to engage in any grading, street construction, demolition or underground utility work within seven hundred fifty (750) feet of a residential area on Saturdays, Sundays and holidays, and during the nighttime period, except as provided in Section 10.48.030.

       C.   Construction, other than street construction, is prohibited on holidays, except as provided in Sections 10.48.029 and 10.48.030.

       D.   Construction, other than street construction, is prohibited during nighttime periods unless it meets the nighttime standards of Section 10.48.040.

       E.   The use of helicopters as a part of a construction and/or demolition activity shall be restricted to between the hours of nine a.m. and six thirty p.m. Monday through Friday only, and prohibited on the weekends and holidays. The notice shall be given at least twenty-four hours in advance of said usage. In cases of emergency, the twenty-four hour period may be waived. 

     

    For more information on noise control, please refer to Chapter 10.48 of the Cupertino Municipal Code.