Frequently Asked Questions

When a complete plan check application is submitted to the Department of Building and Safety (LADBS) with the required fees, the project gains vested rights. This means the project can proceed according to the zoning rules and regulations in effect at the time of fee payment. However, vested rights do not exempt the project from other approvals (e.g., subdivisions, variances) or future citywide safety regulation changes. They also do not protect against state or federal mandate implementations.

Vested rights have limitations:

• They expire 18 months after plan check fee payment or when the building permit expires.
• Changes to the plans that significantly alter height, floor area, or occupant load (beyond a 5% increase or 10% decrease) will void these rights.

If a discretionary entitlement (such as a zone change or conditional use permit) is needed after submitting a building permit application, the vesting rights are extended. This extension lasts while the entitlement is processed, up to a maximum of 18 months beyond the original 18-month vesting timeline.

Here's how the extension works in different scenarios:

Scenario 1: Planning Entitlement Filed Before Building Permit Submittal
The extension only applies when the planning entitlement is identified after the building permit application and fee payment. If the entitlement is already filed before the permit application, there is no "development plan" to vest, and thus no need for an extension.

Scenario 2: Planning Entitlement Filed After Building Permit Submittal
Vesting rights are paused for up to 18 months while the entitlement is processed (from application submission to its effective date, after issuance and the appeal period). The building permit clock resumes either when the entitlement becomes effective or 18 months have passed, whichever comes first.

Scenario 3: Revisions to Planning Entitlement Prior to Building Permit Issuance
Project revisions approved under a planning entitlement before building permit issuance can count toward the 18-month extension, as long as time remains. The total extension cannot exceed 18 months.

Scenario 4: Planning Entitlement Denied After Building Permit Submittal
The vesting deadline is paused during entitlement processing. If the entitlement is denied, the applicant must either revise the building plans to eliminate the need for the entitlement or re-apply. If they re-apply, the processing time counts toward the 18-month extension (if time remains), and the entitlement must be granted to avoid plan changes. If the applicant doesn't revise their plans or receive a valid entitlement, the permit cannot be issued.

Important Note

• These scenarios are interpretations of the New Zoning Code's provisions and may be subject to change. Always refer to the latest version of the code for the most accurate and up-to-date information.