AB 253: Residential Private Permitting Review Act
Assembly Bill (AB) 253 (Ward 2025), the "California Residential Private Permitting Review Act," allows applicants for certain residential project types to retain a qualified private professional provider to perform the plan check function for specific review areas if the Development Services Department (DSD) does not complete its reviews within specified timeframes.
This webpage describes the process by which an applicant may utilize the provisions of AB 253.
Project Type
Projects meeting the following criteria may be eligible for private plan check:
- The project has submitted a ministerial building permit application for the purpose of constructing one or more new residential units;
- The project is 100% residential (e.g., no commercial or mixed-use component);
- The total number of residential units (new and existing) is between 1 and 10 units, inclusive; and
- The building has no floors for human occupancy located more than 40 feet above ground level.
Processing Guidelines
Projects seeking to utilize the program will proceed as follows:
Note: Only eligible project types where none of the following review disciplines (Combined, Electrical, Fire Alarm, Fire Suppression, HazMat, Mechanical, Smoke Control, Structural) have provided comments or signed off within 30 business days of the deemed complete date and payment of required fees may qualify for private plan check.
Step 1
Application Submittal
Applicants must submit a building permit application in accordance with the standard submittal procedures. Please see the Building Permit webpage for more details.
Step 2
Estimated Review Timeframe
When the application is deemed complete, the applicant will receive a link to their Online Permitting Account, where estimated review due dates will be visible. The permit setup will establish the estimated dates by which the reviews will be completed.
Step 3
Project Review
DSD reviews will proceed in accordance with normal review procedures.
Step 4
30+ Business Days
Following the deemed complete date and payment of all required fees, a project may qualify for private plan check if either:
- The estimated review timeframe exceeds 30 business days for one of the following disciplines (Combined, Electrical, Fire Alarm, Fire Suppression, HazMat, Mechanical, Smoke Control, Structural); or
- None of the following review disciplines (Combined, Electrical, Fire Alarm, Fire Suppression, HazMat, Mechanical, Smoke Control, Structural) has provided comments or signed off within 30 business days.
Note: At the time of publication, review timeframes for eligible project types do not exceed 30 business days. Therefore, only eligible projects that do not receive any comments or sign-offs within 30 business days may qualify.
Step 5
Notification
The applicant must notify DSD that they will be using a private plan check provider within five (5) business days of either of the following events:
- Receiving an estimated review timeframe greater than 30 business days, or
- Reaching 30 business days with no applicable reviewer comments or sign-offs.
To notify DSD, email DSDMinisterialPM+AB253@sandiego.gov with the following:
- Subject line: "AB 253 Notification PRJ XXXXXXX"
- The applicable PRJ number for the building permit
- A completed Form DS-253A AB 253 Notification and Eligibility Checklist
Step 6
Project Management and Fees
If the project meets the eligibility criteria, it will be assigned a Project Manager. The Project Manager will add applicable fees to the project for processing, based on the Express Fee schedule. Please see Information Bulletin 501 for more details.
Step 7
Private Plan Check Review
Private plan check providers may only review projects for compliance with State Housing Law and the local amendments to the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Fire Code, California Green Building Standards Code, California Energy Code, and the California Existing Building Code, as amended in Chapters 12 and 14 of the Land Development Code. Therefore, private plan check shall be limited to the following review areas:
- Structural
- Mechanical
- Electrical
- Energy
- Plumbing
- Gas Systems
- Accessibility
- Life Safety
- Fire Suppression
- Fire Alarm
- Hazardous Materials
- Smoke Control
An application that seeks to utilize the provisions of AB 253 must use a private plan check provider for all of the above review areas, as applicable. All other review areas will continue to be processed by the City, concurrently with the private plan check. DSD reviewers will not be able to sign off on any aspect of their review that is dependent on one of the reviews being performed by the private plan check provider until after that review is complete.
Step 8
Private Plan Check Report
Upon completion of the private plan check, the applicant must notify their assigned Project Manager. The Project Manager will request the required documents through Accela, where the applicant must upload all components of the Private Plan Check Report at the conclusion of the active review cycle.
These items may be uploaded as separate documents.
- DS-253B AB 253 Private Plan Check Affidavit. The affidavit includes the following:
- A statement that the plans do or do not comply with the requirements of State Housing Law and local building standards.
- A statement that the private plan check provider performed the plan checking function.
- A statement that the private plan check provider does not have a financial interest in the residential building permit or in preparing the plans and specifications.
- Proof of the private plan check provider's license and certification as a plan reviewer.
- DS-253C AB 253 Indemnification Agreement.
- Updated Plan Set with all of the following:
- A stamp by the private plan check provider on each sheet, verifying a comprehensive review.
- A list of any required holds, deferred submittals, and special inspections.
- If the plans do not comply with the requirements of State Housing Law and local building standards, comments on the plans describing any required modifications that are necessary to comply.
Step 9
DSD Review of Report
Once the applicant provides the Private Plan Check Report, applicable DSD divisions will review it within 10 business days and either provide comments or sign off.
Step 10
Resubmittal
If applicable DSD divisions provide comments based on the Private Plan Check Report, the applicant must resubmit its materials with corrections. Any resubmittals to address those comments will be reviewed within 10 business days.
Step 11
Issuance
Once all review disciplines have signed off, the application will proceed pursuant to standard issuance procedures. Please see Information Bulletin 153 for more details.
Step 12
Inspection
Projects that use a private plan check provider are required to have a pre-construction meeting (pre-con) prior to the commencement of work.
Even when a private plan check provider is used, all inspections will continue to be performed by the City. The use of a private plan check provider does not exempt the project from required inspections or from any modifications identified during the inspection process. (Due to the City not having had the opportunity to review the plans in detail during the review process, these issues may come to the City's attention for the first time during construction and will need to be corrected in order for the project to proceed.) Please see the Inspections webpage for more details.
Private Plan Check Provider Eligibility
In order to perform a private plan check pursuant to AB 253, a private plan check provider must meet all of the following criteria:
- Licensing. The private plan check provider must be one of the following:
- A professional engineer licensed pursuant to the Professional Engineers Act, or
- An architect licensed pursuant to the Architects Practice Act.
- Certification. The private plan check provider must be one of the following:
- A certified residential plans examiner by the International Code Council, or
- A certified plans examiner by the International Association of Plumbing and Mechanical Officials.
- The private plan check provider must not have a financial interest in the residential building permit or in preparing the plans and specifications.