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.