Comprehensive Guide to California’s Updated ADU Regulations

California has made significant strides in streamlining the approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Often known as Granny Flats, In-Law Units, or Guest Houses, these structures are increasingly seen as valuable additions to properties for numerous compelling reasons:

  • Enhanced Property Value: ADUs significantly increase the market value of your property.
  • Cost-Effective Construction: They represent an affordable construction option, particularly for garage conversions.
  • Potential Rental Income: As rental prices climb, ADUs offer a steady source of additional income.
  • Affordable Extended Family Housing: They provide economical living options for family members, ensuring privacy and independence.
  • Aging in Place: ADUs allow seniors the flexibility to live near family while maintaining their autonomy.

Since the introduction of the first ADU reform bill in 2016, over 80,000 ADUs have been permitted, demonstrating the growing popularity and acceptance of these units. The surge in construction is largely due to the state’s continued efforts to pass laws that reduce restrictions and lower costs, making it simpler for homeowners to build these units.

Key Developments in California’s ADU Legislation as of January 2024:

  • Assembly Bill 1033: This new law marks a pivotal change, allowing homeowners to sell ADUs separately from the primary residence, potentially as condominiums, subject to local ordinances and state approval. This flexibility could encourage more homeowners to consider ADUs as a viable investment option.
  • Assembly Bill 976: Extending previous regulations, this law permanently removes “owner-occupancy” requirements for ADUs permitted after January 1, 2025, thereby easing restrictions for investors and landlords.
  • Assembly Bill 434: By January 1, 2025, all California cities and municipalities must implement a scheme for pre-approved ADU plans, simplifying the process for future builders and accelerating development timelines.

Significant Changes Effective January 2023:

  • 60-Day Rule (AB 2221): Reduces the time for ADU plan review to 60 days, speeding up the approval process.
  • Revised ADU Height Restrictions: Allows varying heights up to 25 feet based on proximity to public transit and existing property structures.
  • Redefined Setbacks: Facilitates the construction of smaller ADUs by relaxing front setback requirements.

Additional Legislative Changes to Note:

  • Senate Bill 897: Eliminates many barriers related to non-conforming zoning and building code violations, reducing the need for costly upgrades unless they pose health or safety risks.
  • Fire Sprinkler Requirements: ADUs no longer trigger mandatory fire sprinkler installations in the primary dwelling, lowering construction and renovation costs.

Looking Forward:

The introduction of the California ADU Fund aims to provide financial assistance to eligible parties, promoting the development of more ADUs across the state.

Understanding SB 9 (Effective January 2022):
This bill facilitates the conversion of existing homes into duplexes and allows lot splits for homeowners, under certain conditions, enhancing property utilization within urbanized areas.

Assembly Bill 68: Dramatically increases the potential for adding units, allowing up to three units per residential lot and more within multifamily buildings, which can transform even non-livable spaces into habitable homes.

Municipal Compliance and Interpretation:
It’s crucial to understand that while state laws provide a framework, local ordinances may vary, and some cities and counties might adapt these rules to better fit local needs or challenge them legally.

In conclusion, California’s progressive ADU laws offer an exciting opportunity for property owners to maximize their land’s value and utility, contribute to easing the housing shortage, and enjoy the financial benefits of additional rental income. Understanding and leveraging these laws can lead to significant personal and community advantages.