Legal Question in Real Estate Law in California

Can city permit officials �force� you to grant them access to inside your home?

We�re doing cosmetic fixes to our home: paint, trim, new fixtures. A building inspector, out to review a site for an outbuilding that we applied for a permit to build saw this �activity� thru windows & an open door. He was denied access by our friend.

He issued a corrections permit ��work being done inside w/o permit; no access given�.

When we called the city, they said they needed to come out to inspect inside to see what permits were needed. This seems very invasive to our privacy and rights as homeowners. Our concern is that once in, they could demand permits for any/everything! The notice is sufficiently vague �include all work in permit for interior alterations� that we feel it sets us up for being a target to have to pay for any new item we�ve placed into the home.

1) Can they ''force'' us to allow entry into our home?

2) If we deny them access, can they retaliate by refusing to grant us a permit for our outbuilding?

3) Did the inspector break any privacy laws � he tried to walk in thru open doors w/o permission until stopped by our friend.

4) What is a 140 inspection? - they said we needed to schedule one.


Asked on 1/17/08, 12:51 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can city permit officials �force� you to grant them access to inside your home?

There is a whole bunch of U.S. Supreme Court rulings on this subject, and law school and the bar exam were too many years ago for me to remember the details, but I do recall that building inspectors to have limited rights to make inspections without warrants or permission. It requires, I think, reasonable grounds to suspect a violation. Let me research the issue and get back to you in the morning.

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Answered on 1/17/08, 2:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can city permit officials �force� you to grant them access to inside your home?

Follow-up answer: Municipal inspectors need a warrant or the occupant's permission to make an inspection of residential property or even most kinds of commercial property. The leading case on the subject seems to be Camara v. Municipal Court of San Francisco (1967) 387 U.S. 523. This United States Supreme Court case held that municipal inspectors cannot make a warrantless search of a residence, even to do routine code enforcement. It was a five-to-four decision. So, that's the answer to you first question. The answer to your second question, about retaliation, is that retaliation would probably be in the form of swearing out an affidavit for a warrant, and going before a judge to obtain the warrant. If the inspector reappears with a facially-valid warrant in his hand, you'd then have to let him in, and you can be sure he will inspect with white glove and fine-tooth comb. As to whether the inspector broke any privacy laws, I'd say it was an attempt to violate your Constitutional rights, but trying to follow up on that attempted violation with a lawsuit would be futile, since you suffered no real harm as a result. Finally, as to what is a "140 inspection" - I have checked the Sonoma Municipal Codes, and the closest thing I can find is Section 140 of Chapter 1.30, which you should look up and read to see if it fits your situation. There are other possible provisions.

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Answered on 1/17/08, 1:29 pm


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