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.

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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 What Berkeley's code adds
Permit	No permit is needed for fences 6 feet high or less. Applies: All districts except ES-R. § 23.304.080 · code text 6 ft. in height or less \| None required An Administrative Use Permit (AUP) is required. Applies: All districts except ES-R: fences more than 6 feet high on a lot line or within the main building's required setbacks. § 23.304.080 · code text More than 6 ft in height and on lot line or within required lot line setbacks for main building \| AUP No permit is needed for fences 4 feet high or less. Applies: ES-R district. § 23.304.080 · code text 4 ft. in height or less \| None required An Administrative Use Permit (AUP) is required. Applies: ES-R district: fences more than 4 feet high on a lot line or within the main building's setbacks. Fire Department review is required. § 23.304.080 · code text More than 4 ft. in height and on lot line or within required lot line setbacks for main building \| AUP [1]

Sheds, garages and other accessory structures

Berkeley code What Berkeley's code adds
Maximum height	No more than 10 feet average height. Applies: Accessory buildings or enclosed structures less than 4 feet from a lot line in a residential district. § 23.304.060 · code text Less than 4 ft. from lot line \| 10 ft. No more than 12 feet average height. Applies: Accessory buildings or enclosed structures 4 feet to less than 10 feet from a lot line in a residential district. § 23.304.060 · code text 4 ft. to less than 10 ft. from lot line \| 12 ft. No more than 24 feet average height. Applies: Accessory buildings or enclosed structures 10 feet or more from a lot line in a residential district. § 23.304.060 · code text 10 ft. or more from lot line \| 24 ft.
Size or lot coverage	No more than 24 feet long. Applies: Building walls generally parallel to a side lot line, in a residential district. § 23.304.060 · code text Building Length [1] \| 24 ft.
Side and rear setback	At least 4 feet from the interior side lot line. Applies: Buildings or structures within 75 feet of the front lot line, in a residential district. § 23.304.060 · code text Interior Side \| 4 ft. for building/structures within 75 feet of front lot line; as required by Berkeley Building Code for buildings/structures 75 feet or more from front lot line As required by the Berkeley Building Code. Applies: Interior side setback for buildings or structures 75 feet or more from the front lot line, in a residential district. § 23.304.060 · code text Interior Side \| 4 ft. for building/structures within 75 feet of front lot line; as required by Berkeley Building Code for buildings/structures 75 feet or more from front lot line At least 5 feet from the edge of an alley. Applies: Accessory buildings in a residential district. § 23.304.060 · code text Edge of Alley \| 5 ft.
Distance from the house	If attached or within 3 feet of the main building, it counts as part of the main building for setbacks. Applies: Accessory buildings or enclosed accessory structures, other than underground structures. § 23.304.060 · code text An accessory building or enclosed accessory structure, other than a subterranean structure, that is attached to or within 3 feet of a wall of a main building, is considered a part of the main building for the purposes of setback requirements.

Running a business from home

Berkeley code What Berkeley's code adds
Space used	No more than 400 square feet or 20% of the gross floor area, whichever is greater. Applies: All home businesses. § 23.302.040 · code text A Home Occupation may occupy no more than the greater of: 400 square feet or 20 percent of the gross floor area of the dwelling unit, accessory dwelling units, accessory building, or group living accommodation room from which it operates.
Customer visits	No more than 5 customer visits per day. Applies: Class I home businesses. § 23.302.040 · code text A Class I home occupation involves no more than five customer visits per day, with no more than four persons receiving services at a time. No more than 10 customer visits per day. Applies: Class II home businesses. § 23.302.040 · code text A Class II home occupation involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in businessrelated activities on-site. More than 10 customer visits per day. Applies: Class III home businesses: only in Commercial districts and the MU-R district with a Use Permit. Not allowed elsewhere or in the Hillside Overlay. § 23.302.040 · code text More than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site. Customer visits are not allowed. Applies: ES-R district. § 23.302.040 · code text Customer visits are not allowed in the ES-R district.
Employees	No more than 1 non-resident doing business activities on site. Applies: Class II and Class III home businesses. Only full-time residents may operate the business. § 23.302.040 · code text A Class II home occupation involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in businessrelated activities on-site.
Permit	A Zoning Certificate (ZC) is required. Applies: Class I home businesses. § 23.302.040 · code text Class I ZC An Administrative Use Permit (AUP) is required. Applies: Class II home businesses. Not allowed in the Hillside Overlay or the ES-R district. § 23.302.040 · code text Class II AUP A Use Permit with a public hearing (UP(PH)) is required. Applies: Class III home businesses in all Commercial districts and the MU-R district. § 23.302.040 · code text All Commercial Districts and MU-R District UP (PH) Not allowed. Applies: Class III home businesses in all other districts and in the Hillside Overlay. § 23.302.040 · code text All other Districts, and in the Hillside Overlay Not Permitted
Businesses not allowed	firearm/munitions business § 23.302.040 · code text No firearm/munitions business may operate as a home occupation.

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

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

How tall can a fence be in Berkeley?

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.

How big can a shed or accessory building be in Berkeley?

Berkeley limits accessory buildings to an average 10 feet within 4 feet of a lot line, 12 feet up to 10, 24 beyond.

Can I run a business from my home in Berkeley?

Berkeley home businesses may use 400 square feet or 20% of floor area, whichever is greater; Class I allows 5 daily visits, II 10.

General information, not legal advice.

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