Why this matters: State departments may now approve housing plans, and all agencies now have tighter review timelines, or a building permit application is deemed complete. Builders may need their attorney for enforcement.

The post-entitlement phase

Builders constructing new housing in California in the past have typically experienced unnecessary delays and unpredictable results.

First, a homebuilder receives permission from the local government that the new building project complies with their zoning ordinances and design standards. This is labeled the entitlement phase.

After receiving entitlement approval from the local planning department, the homebuilder receives post-entitlement permits to build from the city or county. At this stage, local agencies review whether the new construction supports the health, safety, and general welfare to the public, as well as the environment.

Strangleholds in this post-entitlement phase of approving building permits are eliminated with the passing of Assembly Bill (AB) 301. [Calif. Government Code §65913.3]

The new Government Code applies to developments that are at least two-thirds residential.

The enactment adds response time restrictions to state departments as well as local agencies who have post-entitlement phase permitting authority. Further, state agencies now publish building permit information on their website, just as local agencies do.

Also, state and local agencies have tighter review timelines to approve permit applications. Automatic approvals are established deeming the application complete when the agency does not respond within the review timelines.

The city or county building department enforces state building standards for residential construction. Thus, local agencies typically issue building permits. [Calif. Health and Safety Code §17960]

Homebuilders initially apply to local agencies for their building permit. In projects also needing state agency approval, such as a coastal development, state agencies are now on a strict response deadline. Automatic approval takes place when the state agency fails to timely respond, eliminating costly delays at that level of government.

Examples required on agency websites

As of January 2026, a local or state agency needs to post on their website an example of:

  • a complete, approved application;
  • a complete set of post-entitlement phase permits;
  • at least five types of housing development projects in the jurisdiction, including:
    • an accessory dwelling unit (ADU);
    • a duplex;
    • a multifamily unit;
    • a mixed-use development; and
    • a townhome. [Gov C §65913.3(a)(2)]

Related article:

By 2028, online portals open to apply for housing development permits

Review timelines for a single build

The review timeline for a local or state agency to approve a post-entitlement phase permit for a single build is 15 business days after the agency received the application. [Gov C §65913.3(b)(1)(A)]

When the agency determines the application is incomplete, the agency responds with a list of incomplete items and a description of how the application is completed. [Gov C §65913.3(b)(1)(B)]

When the agency reviews a homebuilder’s resubmitted application curing the issues the agency highlighted, the agency may not then add issues unaddressed on their first response. [Gov C §65913.3(b)(2)(B)]

Subsequent reviews for completeness are subject to the same review timeline of 15 business days. [Gov C §65913.3(b)(2)(C)]

When the local or state agency takes longer than 15 business days to respond, the application is deemed complete. [Gov C §65913.3(b)(3)]

Review timelines for housing development projects

A housing development project is a residential community but may also contain commercial developments subject to specific conditions. [Gov C §65589.5(h)(2)]

The review timeline for an agency approving a housing development project is:

  • 30 business days for housing development projects with 25 or fewer units [Gov C §65913.3(c)(1)(A)]; or
  • 60 business days for housing development projects exceeding 25 units. [Gov C §65913.3(c)(2)(A)]

The developer of a housing development project may appeal a denial or notice of incompletion. [Gov C §65913.3(e)(1)]

The review timeline for a developer’s appeal of their application imposed on a local or state agency includes:

  • 60 business days for housing development projects with 25 units or fewer [Gov C §65913.3(e)(2)(A)]; or
  • 90 business days for housing development projects with 26 units or more. [Gov C §65913.3(e)(2)(B)]

When a state agency fails to meet the review timelines, the permit is deemed complete. [Gov C §65913.3(g)]

When a local agency fails to meet the review timelines, the local agency is in violation of state law. Here, the developer files a court action against the local agency for formal approval of the project within 60 days. [Gov C §65589.5(k)(1)(A)(i)]

Related article:

Third-party reviewer speeds up building permit approval process in California