Berkeley · Building on your lot
Building on your lot in Berkeley
Berkeley sets permit needs for fences and accessory-building heights by distance from the lot line, with stricter rules in the ES-R district. Home businesses fall into three classes by customer visits, each with its own permit.
Key points
- Fence permits: Berkeley requires no permit for fences up to 6 feet (4 in ES-R); taller ones on lot lines or in setbacks need an AUP.
- Accessory buildings: Berkeley limits accessory buildings to an average 10 feet within 4 feet of a lot line, 12 feet up to 10, 24 beyond.
- Home business: Berkeley home businesses may use 400 square feet or 20% of floor area, whichever is greater; Class I allows 5 daily visits, II 10.
Each rule below is marked Berkeley code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.
Fences and walls
Berkeley code Berkeley requires no permit for fences up to 6 feet (4 in ES-R); taller ones on lot lines or in setbacks need an AUP.
All 4 Berkeley rules on fences and walls, with the code text →
Sheds, garages and other accessory structures
Berkeley code Berkeley limits accessory buildings to an average 10 feet within 4 feet of a lot line, 12 feet up to 10, 24 beyond.
All 8 Berkeley rules on sheds, garages and other accessory structures, with the code text →
Running a business from home
Berkeley code Berkeley home businesses may use 400 square feet or 20% of floor area, whichever is greater; Class I allows 5 daily visits, II 10.
All 11 Berkeley rules on running a business from home, with the code text →
Family child care homes
| Zoning | A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning |
|---|---|
| Business license or fee | A city or county may not charge a business license, fee or tax to run a family child care home |
| Local rules | Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone |
| Small home | Up to eight children, counting the provider's own children under 10 who live there |
| Large home | 7 to 14 children, counting the provider's own children under 10 who live there |
Other Berkeley rules on this
Berkeley's code also has these chapters. We have not summarized their values on this page yet; read them in the library.
- Number of dogs allowed at a home (§ 10.04.130)
- Keeping fowl, rabbits, goats and other animals (Ch. 10.12)
- Permit for small home rooftop solar (Ch. 19.14)
- Removing or pruning coast live oak trees (Ch. 6.52) — coast live oak trees only
- Flood zone development rules (Ch. 17.12)
- Hillside overlay zone (§ 23.210.020)
- Community noise limits (Ch. 13.40)
- Permit for noisy powered construction work (§ 11.36.040)
Who this affects
Frequently asked questions
Can I run a family child care home in Berkeley?
California law sets this for every city, including Berkeley: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).
General information, not legal advice.
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