San Diego · Buyer and seller guides · Permits and disclosures

Selling (or buying) a home with unpermitted work in San Diego: what to know, in plain words

Short answer: Sometimes a home has a room, a deck, a garage conversion or a granny flat that was built without a permit. You can still buy or sell that home. If you're selling, tell the buyer what you know, in writing. If you're buying, check the City's permit records and ask questions before your contingencies end.

I'm Weston Clark, a real estate agent with Compass in San Diego. Unpermitted work can worry people, but it's much easier to handle when it comes up early and honestly. Below I quote the actual state law and City pages, then explain what they mean in everyday words. I'm not a lawyer, and this isn't legal advice.

What "unpermitted work" means

A building permit is the City's written OK to build or change something. The City reviews the plans and then inspects the work. "Unpermitted work" is a change that needed a permit but never got one. Common examples are a garage turned into a bedroom, an added bathroom, a new deck, or a backyard unit.

The City of San Diego's guidelines for plans tied to an open code case put it simply: "Only work that was legally permitted and that will remain unchanged can be labeled 'existing.'" In plain words, to the City, anything else is either new or unpermitted.

What the seller's disclosure form asks

Most home sales in California come with a form called the Transfer Disclosure Statement, or TDS. The law that requires it says it applies to "any transfer by sale" of "any single-family residential property," with some exceptions listed in another section (Civil Code 1102). The form itself is set out in Civil Code 1102.6.

Two questions on the form speak right to this topic. In the section that starts "Are you (Seller) aware of any of the following," the form lists (as printed in the California Department of Real Estate's disclosure guide):

"Room additions, structural modifications, or other alterations or repairs made without necessary permits"
"Room additions, structural modifications, or other alterations or repairs not in compliance with building codes"

What that means: the form asks what you, the seller, know. If you know a room or a repair was done without a permit, you check yes and explain. If you aren't sure, say that in writing too.

The law also says how you have to answer: "Each disclosure required by this article and each act which may be performed in making the disclosure, shall be made in good faith." It goes on: "'good faith' means honesty in fact in the conduct of the transaction" (Civil Code 1102.7). Put simply, be honest about what you know.

Why hiding it is a bad idea

California's general rule on deceit includes "The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact" (Civil Code 1710). In plain words, hiding something you're supposed to share can count as deceit. So can telling only half the story, so that the buyer gets the wrong idea.

There is some comfort in the law too. A seller or agent isn't liable for an error that was "not within the personal knowledge" of that person and was based on information from public agencies or experts, as long as "ordinary care was exercised in obtaining and transmitting it" (Civil Code 1102.4). That means you're expected to share what you know and pass along reports carefully. You aren't expected to know what nobody told you.

Timing: when the buyer gets the form

For a sale, the seller gives the buyer the form "as soon as practicable before transfer of title" (Civil Code 1102.3). If a disclosure, or a big change to one, arrives after the buyer has made an offer, the buyer gets "three days after delivery in person, five days after delivery by deposit in the mail, or five days after delivery of an electronic record" to cancel in writing.

What that means for sellers: telling buyers late can reopen the deal. Telling them early, before they write an offer, keeps things calm.

What my walk-through does and doesn't cover

When an agent sells a home in California, the agent has to do a visual walk-through and note what they see. The law says that walk-through does not include "an affirmative inspection of areas off the site of the subject property or public records or permits concerning the title or use of the property" (Civil Code 2079.3). It also says nothing in that law "relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself" (Civil Code 2079.5).

In plain words, my walk-through is a look at the home. It isn't a permit search. Buyers should check the records themselves, and I'm happy to help with that.

How to check permit history in San Diego

For homes inside City of San Diego limits, the City's Development Services Department says you can "Conduct your own research for permits and applications from 2003 to present for any City of San Diego address" using OpenDSD, Permit Finder and Accela (City Records page).

2003 to today: search the address online in those three tools.
Older plans and records: the City says to "schedule a Records Review appointment" to see archived building plans.
Homes built before 1955: the City says, "please contact the County Assessor's Office."
Homes in other cities: each city keeps its own permit records, so check with that city.

A blank search doesn't always mean "no permit." Records from long ago may be on paper, or filed under a slightly different address. If something matters to your decision, ask the City Records counter.

A seller's options

Disclose and sell as it is. Tell the buyer what you know and let them weigh it. My as-is sale guide explains how that works.
Apply for a permit for the work. When there's an open City code case, the City's plan guidelines say work must be marked "non-permitted to remain" or "non-permitted to be removed" (City plan guidelines). The City then reviews the plans and inspects the work, and it may ask for changes.
Remove the work. Taking something out can need a permit too. The same City guidelines say a demolition permit is "Required when structures will be completely removed, including foundation," with some exceptions.

Which one makes sense depends on the home, the work and your timing. I'd rather talk it through with you before you list than have it come up in escrow.

A special rule for granny flats (ADUs)

An ADU is a smaller second home on the same lot, often called a granny flat. A junior ADU (JADU) is a small unit inside the main house. State law says a city "shall not deny a permit for an unpermitted accessory dwelling unit or an unpermitted junior accessory dwelling unit that was constructed before January 1, 2020," just because it broke building or ADU rules (Government Code 66311.7). The city can still deny it if fixing the problem is needed to meet basic health and safety standards.

The same law says the homeowner "may obtain a confidential third-party code inspection from a licensed contractor" before applying. In plain words, you can have a contractor quietly look first, so you know what you're facing.

One big catch near the coast: the City of San Diego's bulletin on this program says it "shall not be utilized for unpermitted work located in areas subject to the Coastal Act regulations" (Information Bulletin 242). Those homes need to follow the City's coastal development rules instead. If your home is near the coast, check this first. See my ADU guide and coastal remodel rules guide.

If you're buying

Read the TDS and the seller's other disclosures closely. Look for yes answers on the permit questions.
Look up the address in the City's permit tools and compare what you find to the home in front of you.
Ask the seller in writing about any room, deck or unit that looks newer than the rest of the house.
Use your inspection period to have a licensed pro look closely at that work.
Ask your lender and your insurance agent whether the unpermitted work matters to them.
Before you plan to get a permit after closing, talk with the City or a licensed contractor or architect.

If you're selling

Look up your own permit history first, so nothing surprises you.
Gather what you have: old contracts, receipts, plans and photos of the work.
Tell buyers what you know on the TDS, in plain words, before they make an offer.
Decide early whether to disclose and sell as it is, apply for a permit, or remove the work.
Remember that selling as-is doesn't change your duty to disclose. See my disclosures guide.

Common questions

Can I sell a house with unpermitted work in California?

Yes. The state disclosure form even has a question about it. The key is to tell the buyer what you know, in writing, on the state disclosure form. Then the buyer can decide what it means to them before they are locked in.

Do I have to tell buyers about work done without permits?

If you know about it, yes. The state Transfer Disclosure Statement asks if you are aware of room additions or other changes made without the permits they needed. California law also says each disclosure must be made in good faith, which it defines as honesty in fact. So share what you know, even if you are not sure of every detail.

How do I check a home's permit history in San Diego?

For a home inside City of San Diego limits, the City's Development Services Department lets you search permits from 2003 to today on its Records page, using OpenDSD, Permit Finder and Accela. For older plans you can book a Records Review appointment. For homes built before 1955, the City points you to the County Assessor's Office. If the home is in a different city, that city keeps its own records.

Can I get a permit for work that's already done?

You can apply for one. You submit plans to the City that show what was built without a permit and whether it will stay or be removed. The City reviews the plans and inspects the work. It may ask for fixes, so talk to the City or a licensed contractor or architect before you count on it.

What if the unpermitted work is a granny flat (ADU)?

California has a special rule for granny flats and junior units built before January 1, 2020. A city generally can't deny a permit just because the unit broke building or ADU rules, unless fixing it is needed for basic health and safety. The City of San Diego says its version of this program can't be used for work in areas under the Coastal Act, so check your lot first.

Does selling as-is mean I don't have to disclose unpermitted work?

No. As-is is about repairs, and it doesn't change your duty to disclose. The disclosure law says any waiver of its rules is void, which means a contract can't sign it away. You can sell as-is and still need to tell the buyer what you know.

Sources: California Civil Code 1102, 1102.3, 1102.4, 1102.6, 1102.7, 1710, 2079.3 and 2079.5; Government Code 66311.7; California Department of Real Estate, Disclosures in Real Property Transactions; City of San Diego Development Services Records, Information Bulletin 242 and Plan Preparation and Submittal Guidelines for Open Code Cases. Checked November 4, 2026. This page is general information, not legal advice. Laws and City rules change, so check with a real estate attorney or the City about your own home.

Questions about a home you're buying or selling?

Found a room or a deck that might not have a permit? Send me a note and we can look at the records and your options together, before it turns into a surprise in escrow. Or call or text (858) 997-8998.

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