New Law Sets 30-Day Deadline for Permit Reviews

Overview

On April 1, 2025, California’s Assembly passed AB 253 in a 72-0 vote and now awaits Senate action.

The bill introduces a statutory deadline for residential plan reviews and allows applicants to use licensed third-party professionals if local agencies miss the timeline.

The law applies to residential building permits for two project types:

• New construction of one to ten residential units, provided no floor used for human occupancy exceeds 40 feet above ground level

• Additions and remodels to existing residential buildings that meet the same unit and height thresholds

This includes most single-family homes, ADUs, duplexes, and small infill multifamily projects. It does not apply to larger developments, commercial projects, or buildings that exceed the height limit.

Current Bottlenecks in Residential Construction

While entitlement processes have been the focus of recent reform, permitting remains a source of unpredictable delay. Once a project receives land use approvals, it must still undergo a plan check for compliance with building codes and local ordinances.

In many cities, this step takes months. According to statewide reporting, large projects in California take approximately nine months to pass plan checks. For smaller projects, delays of 60-90 days are common.

These holdups increase financing costs, limit scheduling predictability, and in some cases cause owners to abandon feasible projects altogether.

How AB 253 Works

AB 253 imposes a 30-day shot clock on agencies reviewing residential plan submittals. Upon receiving a complete application, the building department must provide a written estimate for plan check completion.

If the estimate exceeds 30 days - or if the review is not completed within that time - the applicant may retain a licensed third-party architect or engineer to perform the plan review.

The professional must submit an affidavit under penalty of perjury affirming code compliance. The local agency then has 14 days to either issue the permit or respond with a formal code-based rejection. If it fails to act, the permit is deemed approved by operation of law.

Implications for Single-Family Homes

AB 253 is particularly relevant for single-family projects, especially in areas like Newport Beach, Malibu, Pacific Palisades, and the surrounding hillside communities where plan reviews can take months even for code-compliant submittals.

Under the bill, new custom residences, structural remodels, and ADUs will no longer be bound indefinitely by city review timelines. If local staff is backlogged or nonresponsive, owners have a legal pathway to move forward using a third-party reviewer - typically the architect or engineer already involved in the project.

For firms managing high-end residential projects, this improves control over preconstruction timelines and reduces risk exposure tied to permitting delays.

Checks and Balances

Unlike public plan reviewers, third-party professionals do not enjoy qualified immunity. If they sign off on noncompliant plans, they face professional discipline and personal liability.

This legal exposure creates a strong incentive for thorough review. At the same time, local agencies retain final oversight. They must review the third-party report and respond accordingly, within a defined 14-day window.

The bill also requires cities to publish residential permit fee schedules and issue time estimates upon receiving applications - two changes that introduce greater procedural transparency.

Comparison to Other States and Systems

California is following a model already adopted by several U.S. states. Florida, Texas, and Tennessee have enacted similar legislation allowing private professionals to step in when local review timelines are not met.

Internationally, jurisdictions such as the United Kingdom and Japan rely heavily on private sector professionals for post-entitlement review and inspections. AB 253 stops short of full privatization but provides a critical alternative mechanism for smaller residential projects.

Our Perspective

AB 253 gives builders and homeowners a new tool to manage permitting risk, especially on complex or time-sensitive projects. While many municipalities maintain responsive departments, others operate with persistent backlog and limited predictability.

At ARCA Builders, we anticipate using third-party plan review on a jurisdiction-by-jurisdiction basis. While not a replacement for agency coordination, it introduces a degree of certainty that was previously unavailable.

For projects that meet the criteria, the bill turns permitting timelines into a known quantity. For our residential clients, that clarity is critical.