What is the process to appeal the issuance of a building permit?

Obtain a copy of both sides of the permit application from the Department of Building Inspection, Permit Services - Central Permit Bureau, and then file the appeal with the Board of Appeals. You have 15 calendar days from the day of issuance to file an appeal. When counting “calendar days” the appeal period begins the day after the departmental action became effective. For example, if a building permit is issued on the 3rd day of the month, the last day to appeal would be the 18th day of the month. If the last calendar day falls on a weekend or City holiday, the last day to file the appeal is the next business day. 

You need to submit 11 copies of the application including any supporting documents plus a filing fee. Should you need further assistance, please call (628) 652-1150 or visit www.sfgov.org/boa.

 

What is the process to appeal a penalty?

When a penalty is imposed by the Department of Building Inspection upon a property owner because work on that property was performed without a permit, the amount of that penalty may be appealed when the property owner or owner’s agent can provide just cause, such as unfamiliarity with the Building Code or “demonstrable negligence” on the part of one of their employees. (S.F. Building Code §107A.5.)

Please note: the Board of Appeals does not have the power to eliminate a penalty. The maximum relief the Board may provide is to reduce a penalty to twice (2x) the regular permit fee. The Board may also use its discretion to leave a penalty at nine times (9x) the fee, or set the penalty at any amount in between. 

• When to file? 

Most penalty appeals may be filed either BEFORE or AFTER the penalty is paid. Penalties for electrical or plumbing work may only be filed AFTER the penalty has been paid and a permit has been issued.

AFTER payment of the penalty: appeals must be filed within 15 days of when the permit associated with the penalty is issued by the Department of Building Inspection (DBI). This time limit is strictly enforced. (S.F. Business & Tax Regulations Code Article 1, §8.)

BEFORE payment of the penalty: there is no time limit to when an appeal may be filed. 

• How to file: 

All appeals must be filed in person by the appellant or the appellant’s agent. Do NOT mail in your appeal. Please call the Board of Appeals at 628-652-1150 to make an appointment.

Bring the necessary documents:

• If you have paid the penalty, bring a copy of the issued building, electrical or plumbing permit and the receipt showing what was paid.
• If you have not paid the penalty, bring a copy of the unissued Building Permit Application and a written statement from DBI of the penalty amount. 
• You may submit an unlimited number of exhibits as evidence of why the penalty should be reduced. For example, if the penalty is for work performed before you purchased the property, submitting the sales agreement, 3R report, disclosure statement or similar items may be helpful.
• Complete a Penalty Appeal Questionnaire. This form may be completed at the time the appeal is filed or in advance and brought to the Board office when you file your appeal. Copies of the Questionnaire are available on the Board’s website (www.sfgov.org/boa) and at the Board office.
• Bring the required payment: $300 in cash or a check payable to “Board of Appeals.” This fee is non-refundable even if you win or withdraw your appeal.
• You must complete a Preliminary Statement of Appeal form when you come in to file your appeal. This form sets out the hearing date and other deadlines. Because the “Penalty Questionnaire” constitutes the appellant’s statement to the Board, you may, but are not required to write an additional statement on this form or submit an appellant’s brief prior to hearing. 

 

FORMS

• Penalty Appeal Questionnaire

HELPFUL LINKS

• Appeals Process Resources