Why this matters: Homebuilders now have the option to hire their own licensed engineers or architects to approve building plans when a local agency takes longer than 30 days to approve the plans.
California legislature streamlines building obstacles
California is experiencing a severe housing shortage. Delays in approving building standards for new construction work against the state’s need to build more housing, faster.
With Assembly Bill (AB) 253, residential homebuilders may hire a licensed third-party reviewer to review building plans when a local building department takes more than 30 days to approve a building plan. The third-party reviewer is a professional licensed engineer or architect who holds no financial interest in the residential building permit.
A homebuilder who chooses to hire a third-party reviewer to perform the plan check notifies the city or county no later than five business days after:
- the city or county provides an estimated timeframe for determining compliance with building standards that exceeds 30 business days; or
- 30 business days have passed since the building permit application was deemed complete without the city or county determining compliance with building standards. [Calif. Health and Safety Code §17960.3(b)]
When the third-party reviewer checks the plans for building compliance, the third-party reviewer prepares an affidavit stating:
- the plans do or do not comply with building requirements; and
- the third-party reviewer performed the plan check. [Health & S C §17960.3(c)(1)]
The homebuilder submits a report to the city or county which includes:
- the third-party reviewer’s affidavit;
- when the plans do not comply with building requirements as determined by the third-party reviewer, modifications to the plans that comply with building requirements; and
- additional information required by the city or county. [Health & S C §17960.3(c)(2)]
After receiving the report, the city or county then has 10 business days to either:
- issue the residential building permit; or
- notify the homebuilder in writing that the plans do not comply, specifying the requirements for the plans to comply. [Health & S C §17960.3(c)(3)]
When the city or county does not issue the residential building permit or notify the homebuilder within 10 business days, and the affidavit provided by the third-party reviewer states the plans comply with building requirements and local ordinances, the residential building permit is deemed approved. [Health & S C §17960.3(c)(4)]
The law was declared an urgency statute and went into immediate effect October 10, 2025 when it was signed and sunsets January 1, 2036.
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