Do you need a permit for a pergola, play set, or carport in San Jose, CA?
It depends on the details of your project.
Wiring a small pergola or gazebo cancels its exemption.
Swings and play structures need no permit.
Accessory structures over 120 sq ft need a permit.
A person last checked these rules on October 19, 2026. This is guidance only, so confirm with San Jose before you build.
Check your exact lot
Your zoning district sets the setbacks, and a flood zone can change the permit answer. Enter your address to see both.
Permits a pergola, play set, or carport can need in San Jose
| Permit | When it applies |
|---|---|
| Building permit | San José exempts accessory structures only up to 120 sq ft, and only without wiring.Medium confidence |
| Electrical permit | Lights, fans or outlets need an electrical permit.Medium confidence |
| Floodplain development permit | Structures in a FEMA special flood hazard area need a floodplain permit. |
Local details
- Call 811 at least a few days before you dig footings or post holes. Utility locating is free.
- HOA covenants and deed restrictions can be stricter than city rules. Check yours before you build.
How to apply
- SJPermits.org
- San Jose Building Division
- Phone: (408) 535-3555
Common questions
- When does a pergola, play set, or carport need a building permit in San Jose?
- San José exempts accessory structures only up to 120 sq ft, and only without wiring. Play structures, and an unwired structure up to 120 sq ft, need no permit in San José.
- Where do I apply for a pergola, play set, or carport permit in San Jose?
- Apply through SJPermits.org, or call (408) 535-3555.
Sources
- San José Bulletin 201, When Is a Building Permit Required? (10/10/2024), other items. Checked 2026-10-22
Retaining walls not over 4 feet in height measured from the bottom of the footing to the top of the wall and that are not supporting a surcharge... [Driveways and walkways that] do not exceed 30 inches above adjacent grade... Swimming pools that are prefabr…
- 2024 IRC R105.2, Work exempt from permit (text published by the City of Benson, AZ). Checked 2026-10-19
One-story detached accessory structures, provided that the floor area does not exceed 200 square feet. Fences not over 7 feet high. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a…
- 44 CFR 59.1, definition of development (NFIP). Checked 2026-10-19
Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures...
- 44 CFR 60.3, floodplain management criteria. Checked 2026-10-19
Require permits for all proposed construction or other development in the community...