WeVote
Log In

Bill

Bill

AB 2418

Local building permits: nonresidential private permitting review.

2025-2026 Regular Session Introduced by Jesse Arreguín and 7 co-sponsors

Allows local agencies to use private plan-checkers or private professionals to speed nonresidential permits when delays risk excessive impact, with timelines and fees.

In Senate. Read first time. To Com. on RLS. for assignment.
#localbuildingpermits #nonresidentialprivatepermittingreview
0
WeVote Research Nonpartisan
Bill Summary · AB 2418

Summary of AB 2418 (2025-2026) — Local building permits: nonresidential private permitting review

AB 2418, as amended, would reform how nonresidential building plan-checking can be handled by California local governments (cities and counties) by expanding the use of private plan-checking entities and, in certain cases, private professionals, with a set of specific timelines, conditions, and responsibilities. The bill would temporarily apply through January 1, 2037.

Main purpose and intent

  • Reduce excessive delays in plan-checking for nonresidential building projects.
  • Provide local agencies with options to augment or accelerate plan-checking without replacing core public functions.
  • Establish a framework for private plan-checking to address workload fluctuations and keep nonresidential construction on schedule.
  • Create specifics around when private review can be used, the process for using private reviewers, and the implications for timelines, liability, and reporting.

Key provisions and changes

  • Private plan-checking authorization (19837(a)-(c)):

    • Local agencies may contract with or employ private entities or individuals on a temporary basis to perform nonresidential plan-checking.
    • Agencies are not required to contract private help if they determine no qualified providers are available.

  • Handling excessive delays and timing (19837(d)-(f)):

    • Upon a complete application for a nonresidential building permit deemed complete, the local agency must provide an estimated timeframe for determining compliance with permit standards.
    • If that timeframe would cause excessive delay, the agency must contract with a private plan-checking entity upon the applicant’s request.
    • If no private providers are available, the applicant may hire a private professional provider (see below).

  • Private professional providers (19837(d)(2)-(g)):

    • If there is an excessive delay and no qualified private entities exist, an applicant may hire a private professional provider at their own expense.
    • Eligible providers must be a licensed professional (engineer or architect) with relevant certifications recognized by the local agency (e.g., ICC plans examiner or equivalent), and cannot have a financial interest in the permit.
    • The applicant must notify the city/county within five business days of deciding to hire a private professional provider.
    • The private provider must prepare an affidavit stating whether plans comply with requirements and that they performed the plan-checking function; the applicant must also provide a plan-check report including necessary modifications.
    • The local agency must act within 10 business days of receiving the provider’s report to issue the permit or notify noncompliance. If not issued or notified within 10 days, the plans are deemed compliant and the permit is deemed approved, subject to the affidavit.
    • If plans are deemed compliant, the local agency is deemed in compliance with the relevant permit processing requirements.
    • The applicant must indemnify the local agency against claims arising from construction based on the private provider’s work.

  • Streamlining requirements (19837, new alignment with Government Code provisions):

    • If a private professional provider performs the plan-checking, the local agency is deemed in compliance with certain Permit Streamlining Act completeness requirements for nonresidential development projects.

  • Fees and posting (19838):

    • Local jurisdictions may adopt fees for nonresidential permit applications, but fees must cover only the cost of processing and cannot fund general revenue.
    • If fees are prescribed, the jurisdiction must post a nonresidential permit fee schedule on its website.

  • Inspections after permit (19839):

    • For certain nonresidential occupancies (listed occupancy groups), the building department must inspect the completed work within 10 business days of notice of completion.

  • Liability and indemnification:

    • Public entities may obtain immunity from liability for injuries arising from discretionary/ministerial acts related to issuance/denial of nonresidential permits under these provisions (through Jan 1, 2037).
    • Applicants must indemnify the local agency and its personnel against claims related to construction based on the private plan-checking process.

  • Scope and exemptions:

    • The bill does not apply to certain types of nonresidential buildings (e.g., health facilities, public buildings, or certain high-occupancy tall structures).
    • It allows self-certification programs as long as they do not conflict with the bill’s requirements.

  • Sunset provision:

    • The relevant sections (19837, 19838, 19839) are temporary and would sunset on January 1, 2037.

Who would be affected

  • Local agencies (cities, counties, including charter cities) that issue nonresidential building permits.
  • Applicants for nonresidential building permits facing potential delays.
  • Private sector plan-checking providers (private firms or individuals) that perform plan-checking upon contract with a local agency.
  • Private professionals (licensed engineers or architects meeting recognized certifications) who may be hired by applicants at their own expense when private providers aren’t available.
  • Local building departments that conduct post-permit inspections for specified nonresidential occupancies.

Procedural and timeline aspects

  • Timing for excessive delay:
    • The bill tightens the threshold for “excessive delay” to 30 days (initial check) and 60 days (for re-checks of corrected plans) from submittal.
  • Notification and choice:
    • After a complete application deemed complete, the local agency must provide an estimated determination timeframe.
    • If the timeframe would cause excessive delay, the agency must offer private plan-checking options; if none are available, applicants may use private professionals at their own expense.
  • Private provider process:
    • The private provider must file an affidavit; the applicant must submit a detailed report; the agency has 10 business days to act on the report.
    • If the agency fails to act within the 10-day window, the permit is deemed approved (subject to the provider’s affidavit indicating compliance).
  • Streamlining compliance:
    • When a private provider handles the plan-checking, the agency is deemed compliant with certain Permit Streamlining Act requirements for nonresidential permits.
  • Fees and posting:
    • Fee schedules must be publicly posted; fees must be cost-recovery only.
  • Sunset:
    • All new plan-checking authority under this bill would terminate on January 1, 2037, unless extended.

Potential impact and considerations

  • Could reduce delays in nonresidential construction permitting by enabling private plan-checking when public processing is slow.
  • Shifts some risk and cost to applicants, particularly if a private professional provider is used.
  • Introduces new duties on local agencies (reporting, affidavits, timelines) and enables a broader liability shield for agencies in certain circumstances, balanced by an indemnification requirement from applicants.
  • Creates a post-permit inspection requirement for many nonresidential structures to ensure ongoing compliance.
  • Requires transparency through posted fee schedules and defined timelines, potentially increasing predictability for developers.

This summary outlines the bill’s core aims, mechanisms, beneficiaries, and timeline implications.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.