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When a permit is required
Permit triggers and exempt work for Milpitas
Building permits are required for new residential, commercial, and industrial buildings, plus additions, remodels, repairs, and changes in use/occupancy.
- Exempt Detached one-story accessory structures up to 120 sq. ft.
- Exempt Fences not over 7 feet high
- Exempt Retaining walls not over 4 feet high unless supporting surcharge
- Exempt Water tanks up to 5,000 gallons within code limits
- Exempt Sidewalks and driveways within code exemption parameters
- Exempt Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work
- Exempt Certain shallow prefabricated pools
- Exempt Swings/playground equipment
- Exempt Certain window awnings
- Exempt For one- and two-family dwellings, certain detached decks not over 200 sq. ft., not more than 30 inches above grade, not attached to the dwelling, and not serving the required exit door
Note: Milpitas also lists separate electrical, mechanical, and plumbing permit exemptions that are limited and code-specific. Project-specific verification is advisable.
- Completed permit application
- Plans and documents sufficient for code review
- Electronic plan-review projects use ePlan system
- Building code
- CBC, CRC, CMC, CEC, CPC, CFC, CALGreen, and the Milpitas Municipal Code
- Contractor requirements
- A property owner may obtain permits for work performed on the property. Licensed contractors acting as the owner's authorized agent may obtain permits for work allowed by their license.
Source: Office of Building Safety, One-Stop Permit and License Center ↗
Application process
Application → plan check → issuance → inspection → final
- 01 Determine the permit type needed. Simple permit scopes for single-family or duplex residential properties may be applied for online through eTRAKiT.
- 02 Projects requiring plan review are submitted electronically through the City's ePlan system. Register for a free account, verify email, review user guide/submittal requirements.
- 03 Upload the application package online through ePlan.
- 04 For some permit types not requiring plan submittal, email the signed building permit application to BuildingPermitCenter@milpitas.gov.
- 05 City staff routes drawings to applicable departments for review and approval.
- 06 Respond to correction comments and resubmit revised documents if needed.
- 07 Pay remaining permit fees and obtain permit issuance. No work may begin until the permit is issued.
Source: Office of Building Safety, One-Stop Permit and License Center ↗
Fee schedule
Effective February 16, 2026
Fees change periodically. Confirm at the official fee schedule ↗ (effective February 16, 2026) before budgeting.
Required inspections
Scheduling and sequence
- eTRAKiT portal (online)
- (408) 586-2797 (phone)
- Scheduling deadline
- Inspections may be scheduled 24 hours a day online or by phone.
- Inspection hours
- AM and PM windows generally available. Thursday inspections not available until after 9:00 AM due to staff meetings.
Typical sequence: Inspections are required as work progresses. The permit holder or person performing the work must request inspections.
Source: Office of Building Safety, One-Stop Permit and License Center ↗
Frequently asked
Common questions about Milpitas permits
01 Do I need a building permit in Milpitas, CA? ▸
02 How much does a building permit cost in Milpitas, CA? ▸
03 How do I apply for a building permit in Milpitas, CA? ▸
04 What work is exempt from building permits in Milpitas, CA? ▸
05 How do I schedule a building inspection in Milpitas, CA? ▸
Educational reference. Permit rules and fees change — confirm current requirements directly with Office of Building Safety, One-Stop Permit and License Center before applying. Jaspector is not legal advice.