Repairing or resurfacing concrete on your own lot in San Jose needs no permit, but changes to a driveway and any work on the sidewalk or curb do. The points below come from the City of San Jose's own pages, state law and USA North 811. Rules change, so we confirm them for your address.
Do I need a permit for a driveway or patio?
You do not need a permit to repair or resurface a driveway or walkway on the private property side of the sidewalk, according to the City of San Jose. A driveway that is expanded or relocated needs Public Works clearance or a permit. A plain patio slab on the ground normally needs no building permit, but covers, raised slabs, walls and gas or electrical lines do. The Development Services Permit Center confirms it for your lot.
Do I need a permit to widen my driveway?
Yes, you need clearance or a permit from the Department of Public Works to widen a driveway in San Jose. The City also says it is illegal to expand a driveway in a way that excessively paves over the front yard, under Municipal Code section 20.30.440. Code enforcement can order the paving removed.
Who owns the driveway apron: me or the city?
The apron, which the City calls the driveway approach, sits in the public right-of-way, but the adjacent owner maintains it and pays for its repair. San Jose's Department of Transportation lists the driveway approach with the sidewalk, park strip and curb and gutter as the property owner's responsibility.
Who is responsible for the sidewalk in front of my house?
You are. The City of San Jose states that property owners are responsible for the sidewalk in front of their property and for the entire cost of maintaining it. State law says the same: California Streets and Highways Code section 5610 puts the duty on the owner of the fronting lot.
The city sent me a notice to fix the sidewalk. What do I do?
Read what defect the city sent the notice for, then get a permit and a quote. The Department of Transportation inspects on request and requires repair when a defect meets its criteria, such as a vertical separation of more than half an inch. Contact the department at (408) 794-1901 for the permit. Owners with household income at or below three times the federal poverty level can apply for hardship help, which is limited by available funding.
Do I have to use the city's contractor, or can I hire my own?
You can hire your own contractor. The City tells owners to request a permit to work on the sidewalk, park strip or curb, and the repair is the owner's to arrange and pay for. The work has to meet city standards and pass inspection. Ask the department about any contractor requirements when you request the permit.
How close to the property line can I pour, and do I need a survey?
Flatwork on the ground can usually run up to the property line, but that does not make it wise. Leave room so runoff stays on your lot and a fence can be maintained. Front yard paving is limited by the city rule above. Structures such as walls and covers have their own setbacks.
You need a survey only when the line is unclear and the concrete will be close to it. Fences in older San Jose tracts are often a foot or more off the true boundary. For a driveway along a side line or a wall near the edge, a licensed land surveyor's marks are cheap insurance.
Do I need HOA approval?
If you live in an HOA, yes, in most cases. Townhome and planned communities in North San Jose, Evergreen, Silver Creek and Almaden commonly control driveway width, finish and color. HOA approval is separate from any city permit. Get it in writing before signing a contract.
How much of my lot can I cover with concrete?
San Jose limits front yard paving through Municipal Code section 20.30.440, and zoning sets lot coverage for buildings. We could not confirm an exact percentage on the City's public page, so we do not quote one. Large areas of new impervious surface can also bring stormwater requirements. The Permit Center gives the figure for your zoning district.
When does a retaining wall need an engineer or a permit?
Under the California Building Code, a retaining wall needs a permit when it is over 4 feet tall measured from the bottom of the footing to the top of the wall, or at any height when it supports a surcharge such as a driveway, a slope or a building. Those walls normally need plans by an engineer. Hillside lots can have added grading review.
How do I find underground utility lines before digging?
Contact USA North 811, the free one-call centre for Northern and Central California, by dialling 811 or online. California law requires notice at least two working days and not more than 14 days before digging, and a ticket is valid for up to 28 days. Members mark their utility lines with paint. Private lines such as sprinklers, pool plumbing and yard lighting are not marked.
I need a wheelchair ramp and a wider walkway. What are the rules?
A ramp at a private home is built to suit the person using it, and a permit depends on its height and whether it attaches to the house. A gentle slope, level landings at top and bottom and a non-slip finish are the basics. Ramps at businesses and rentals must meet the accessibility chapter of the California Building Code. We have no published price for ramps and quote them after a visit.
My house is in a historic district and has old decorative concrete. Can it be replaced?
Ask the Planning Division first. San Jose has City Landmark districts and conservation areas, mostly around downtown, where visible changes can need historic review. Old scored or colored walks and stamped street names are part of that character. Matching the pattern and color is often possible and is usually what the city prefers.
Do I need a permit to touch the street tree or the park strip?
Yes. The City requires a permit for work on the park strip and on street trees, which covers pruning roots. Paving over the park strip is not something to do on your own. The same Department of Transportation office handles it.
To get a real price for your address, book a free on-site estimate. Call (408) 889-7434 or text us a photo and rough measurements.