What do I do if my property has been red-tagged for building violations or unsafe conditions?

San Diego and Baja California Red Tag Resolution Services

San Diego & Baja California Red Tag Resolution Services

Understanding Your Red Tag Situation

Understanding your rights and obligations under California Building Code is the first step to resolving a red tag notice. A red tag means your property has been officially deemed unsafe or non-compliant, and immediate action is required. Whether you're facing a stop work order, unsafe building notice, or violations for unauthorized construction, Bosco Companies has the expertise to guide you through the enforcement process and restore your property to compliance.

red tag & Building violations Walk-through

How do I resolve a red tag notice for unauthorized construction?

If you've made modifications without proper permits—such as adding rooms, converting garages, or altering structures—the building official has authority under Section 114 to issue a notice of violation. 

To resolve this:

  • Stop all work immediately to avoid additional penalties

  • Gather documentation of what was built and when

  • Work with qualified professionals to prepare retroactive permit applications

  • Submit engineered plans that bring your construction up to current code standards

  • Schedule inspections to verify compliance and remove the red tag

Continuing work after a red tag can result in fines, criminal prosecution, and forced demolition of your improvements.

What are my legal options after receiving a stop work order or unsafe building notice?

Under Sections 115 and 116 of the California Building Code, you have specific rights and obligations:

Your Legal Options:

  1. Immediate Compliance: Accept the order and make required repairs or corrections within the timeframe specified

  2. Request a Hearing: Challenge the order if you believe it was issued in error or the requirements are unclear

  3. Seek Modifications: Work with the building official under Section 104.2.4 to find practical alternatives that still meet safety standards

  4. Emergency Repairs: If the situation poses immediate danger, you can make emergency repairs and file permits the next business day (Section 105.2.1)


What the Building Official Must Provide:

  • Written notice describing the unsafe condition (Section 116.3)

  • Specific repairs or improvements required

  • Clear timeline for compliance

  • Proper service of notice (personal delivery, certified mail, or posting on property)

Your Responsibilities:

  • Respond immediately to declare acceptance or rejection of the order

  • Allow building officials right of entry for inspections (Section 104.4)

  • Make repairs that meet current code standards, not just fix the immediate problem

  • Obtain proper permits for all correction work

Can I fix a red-tagged property myself, or do I need professional help?

The answer depends on the nature and severity of the violations:

You may be able to handle minor issues yourself if:

  • The violation involves simple repairs (fixing handrails, replacing outlets, basic maintenance)

  • No structural, electrical, plumbing, or mechanical systems are involved

  • The work is exempt from permits under Section 105.2

  • You have clear guidance from the building official on what's required

You will need professional help for:

  • Structural issues: Foundation problems, framing defects, load-bearing modifications

  • Unpermitted additions: Rooms, second stories, or substantial alterations

  • Unsafe electrical/plumbing/mechanical systems: These require licensed contractors and engineered solutions

  • Complex code compliance: When current code requirements differ significantly from when your property was built

  • Fire safety violations: Egress issues, fire-rated assemblies, sprinkler requirements

Important: Under Section 104.2.2.2, the building official can require technical opinions and reports from qualified engineers or specialists. Attempting complex repairs without proper expertise can make the situation worse, increase costs, and extend the red tag period.

Key California Building Code Sections That Protect You

Understanding these code sections helps you know your rights and what to expect:

Section 104 - Building Official's Powers

Defines what the building official can and cannot do, including their duty to provide interpretations, approve alternative methods, and maintain records for at least 5 years. This protects you from arbitrary decisions.

Section 114 - Violations

Outlines the process for notices of violation, your right to respond, and what happens if you don't comply. You must receive proper written notice before enforcement action.

Section 115 - Stop Work Orders

Explains when and how work can be stopped, conditions for resuming work, and penalties for non-compliance. Work must stop immediately, but you have a path to restart.

Section 116 - Unsafe Structures

Covers how unsafe conditions are identified, what notice you'll receive, and your options for repair or demolition. You have the right to restore rather than demolish in most cases.

What Happens Next: Your Red Tag Resolution Timeline

What Happens Next: Your Red Tag Resolution Timeline

Immediate (Day 1-3): Stop all work, document the situation, and contact professionals who can help

  1. Week 1: Respond to the building official's notice, schedule initial consultation, begin assessment

  2. Week 2-4: Develop correction plan, prepare permit applications, submit engineered drawings if needed

  3. Week 4-8: Obtain permits, begin approved correction work with licensed contractors

  4. Week 8-12: Complete corrections, pass all required inspections, obtain Certificate of Occupancy

  5. Final Step: Red tag removed, property restored to full legal use

Note: Timeline varies based on complexity. Bosco Companies can often accelerate this process through our established relationships with building departments in San Diego and Baja California.

Free Resource: California Red Tag Enforcement Code Reference

Download our comprehensive guide that includes the complete text of Sections 104, 105, 111, 114, 115, and 116 of the California Building Code. This 30-page reference document explains:

  • Your legal rights during enforcement actions

  • Step-by-step procedures building officials must follow

  • Permit requirements and exemptions

  • Certificate of occupancy requirements

  • Penalties and prosecution procedures

  • How to challenge or modify orders

This guide is for informational purposes. Every situation is unique, and we recommend consulting with Bosco Companies for personalized guidance on your specific red tag issue.