Unpermitted ADUs and AB 2533 Applicability

If you have an unpermitted Accessory Dwelling Unit (ADU) or Junior ADU (JADU) that was constructed before January 1, 2020, please refer to the following provisions under Assembly Bill (AB) 2533:

  • Notwithstanding any other law, and except as provided in this bill, a local agency shall not deny a permit for an ADU or JADU that is in violation of California building standards (codes) or does not comply with any local ordinance regulating ADUs or JADUs.
  • The property owner applying for a permit to legalize an unpermitted ADU or JADU shall not be required to pay impact fees or connection or capacity charges except where utility infrastructure is required to comply with Health and Safety Code section 17920.3.
  • The local agency is prohibited from penalizing an applicant for having the unpermitted unit and requires the local agency to approve necessary permits to correct noncompliance with health and safety standards.
  • Upon receiving an application for permit to legalize an unpermitted ADU or JADU, an inspector from the local agency may inspect the unit for compliance with Health and Safety standards and provide recommendations to comply with these standards.

A checklist of conditions that would deem a building substandard under H&SC 17920.3 can be found in this link.

Before applying for a building permit, a homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the ADU’s existing condition or potential scope of building improvements.

Process for Legalizing Unpermitted ADUs/JADUs constructed before January 1, 2020.

1. Initial Application Submission:

Step 1: Homeowners submit a building permit application to legalize an unpermitted accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) constructed before January 1, 2020.

Step 2: The building division reviews the application for completeness, ensuring that all required information is provided (e.g., homeowner details, ADU construction details, third-party inspection, and a detailed description of the number of bedrooms and bathrooms).

Step 3: The building division researches and verifies that the ADU was constructed before January 1, 2020, by reviewing code enforcement cases, historic Laserfiche records, and Google history, among other sources.

2. Pre-Inspection:

Step 1a: Upon application acceptance, where a third-party inspection was performed utilizing the checklist and submitted with the permit application, the building division moves forward with finalizing the permit, or

Step 1b: Upon acceptance of the application, the homeowner shall schedule an inspection with the Building Inspector to verify the unit's compliance with health and safety standards using the provided checklist. Where determined compliant, move forward with finalizing the permit.

Step 2: If violations or non-compliance are found in accordance with the checklist, the inspector shall list the items of violation. The homeowner shall then be issued a permit to make necessary modifications for compliance before finalizing the permit that legalizes the ADU/JADU.

3. Issuing the Permit:

Step 1: If all requirements are met as determined by the Pre-Inspection, the permit technician issues the permit for the ADU/ JADU.

Step 2: If violations are found, the permit technician issues a permit for the ADU/ JADU to be brought into compliance, itemizing the deficiencies noted in the checklist.

4. Finalizing the Permit:

Step 1: Upon final inspection, where the Building Inspector has determined that the violations noted during the Pre-Inspection have been corrected and the ADU/JADU is found to be compliant, the inspector may proceed with finalizing the permit.

  • Printer-friendly version