Usually not for the slab itself. In the City of Los Angeles, platforms, walks and driveways no more than 30 inches above grade and not over a basement or story below need no building permit, and a patio slab poured on grade falls under that rule. The shallow excavation for it often needs no grading permit either. The work around it is where permits come in: a patio cover that falls outside the exemptions, a new driveway approach at the curb, and gas, electrical or plumbing for an outdoor kitchen.
Permit-free still means the work has to meet the code and keep water flowing where it should. Here are the rules for the City and the County, and the ones that catch people out.
Building permit: the 30-inch rule
| Project | City of Los Angeles | Los Angeles County |
|---|---|---|
| Platform, walk or driveway on grade, including a patio slab | No building permit if no more than 30 inches above grade and not over a basement or story below | No building permit if no more than 30 inches above grade, not over a basement or story below, and not part of an accessible route |
| Raised patio or platform over 30 inches | Building permit | Building permit |
| Awning attached to the house | No permit if it projects 4 feet or less, outside Fire District No. 1 | No permit if supported by the wall and projecting 54 inches or less |
| Larger patio cover | Building permit, unless it fits one of the code’s exemptions | Building permit, unless detached, one story, no more than 120 square feet and 12 feet high, with a roof overhang of 24 inches or less |
| Gas, electrical or plumbing for an outdoor kitchen | LADBS requires an electrical permit for any electrical work, and plumbing permits cover gas piping | Trade permits may still be required; some low-voltage circuits and minor plumbing repairs are exempt |
The City’s exemption describes platforms, walks and driveways by height and position, not by material, so the same test applies whether the surface is poured concrete or pavers.
Grading permit: when the digging needs one
In the City of Los Angeles, grading needs a permit unless the work fits one of the code’s exceptions. The two that matter for a patio:
| Work | No grading permit when | But a permit is needed if |
|---|---|---|
| Excavation | Less than 2 feet deep, or it creates no cut slope over 5 feet high and steeper than 1 vertical to 2 horizontal | The cut exceeds 50 cubic yards, or it changes the existing drainage pattern |
| Fill | Less than 1 foot deep, on ground flatter than 1 vertical to 10 horizontal | The fill exceeds 50 cubic yards, or it changes the existing drainage pattern |
In designated hillside areas, the City also requires the grading permit to be kept at the site and shown on request. Los Angeles County’s grading exemptions are close to the City’s on excavation and allow more fill: up to 3 feet deep and 50 cubic yards with a slope no steeper than 2:1, provided the fill does not support a structure or block a drainage course.
Driveways at the curb need a separate permit
Work past your property line is in the public right-of-way, which in the City of Los Angeles is under the Bureau of Engineering. Its A-Permit covers minor street construction, including new driveway installation and repair, sidewalk installation and repair, and curb and gutter repair. The A-Permit is limited to work that does not alter an established gutter flowline or the existing grade of a sidewalk or street; work that does needs a B-Permit. The property owner or their representative generally applies for an A-Permit.
Drainage rules still apply
Los Angeles County Public Works’ homeowner guide sets out these drainage rules for a new slab:
| Rule | What it means for a patio |
|---|---|
| Normal property drainage must flow to the street or an approved drainage device | The slab is sloped and drained so water still reaches the street or a drain |
| Patios, sidewalks and decks must not be placed in side swales unless another method of drainage is provided | A slab poured across the drainage path beside the house needs its own drainage |
| It is unlawful to divert water from its natural path to the detriment of your neighbors | Runoff cannot simply be sent onto the next lot |
Historic districts and zoning still apply
An exemption from a building permit is not permission to break the code or other rules. In a Historic Preservation Overlay Zone, Los Angeles City Planning reviews exterior changes, including landscaping that needs no building permit. Zoning rules also still apply to what is built and where.
For work that needed a permit and went ahead without one, what a homeowner can do without a permit covers California’s disclosure rules when the house is sold.
How we handle it
On a patio, we confirm the permit requirement for the scope at your address and submit any application before excavation begins. For a driveway that needs a new or modified curb cut, we handle the right-of-way application as part of the project. Both are part of the landscape and hardscape work we do across Los Angeles.
