California ADU 2024: The Complete Guide to Laws, Benefits, and Costs

California ADU 2024: The Complete Guide to Laws, Benefits, and Costs

What is an Accessory Dwelling Unit or ADU?

ADUs or Accessory Dwelling Units are residential units with complete independent living facilities, such as sleeping, kitchen, and bathroom provisions, attached or detached from primary dwellings or single-family homes.

Originally, ADUs were designed to accommodate relatives, caregivers, or elderly family members who needed to be close to loved ones while maintaining their own separate living space. Today, ADUs have evolved into a sustainable and affordable alternative to traditional housing. Their flexibility and versatility make them attractive options for new families, young professionals, and retirees seeking convenient and cost-effective living arrangements.


What are the benefits of having Accessory Dwelling Units (ADUs) in California?

  • Generate additional income

California ranks the second-largest tenant population in the country, with roughly 17 million people or 44% of its residents are renters. Property owners can capitalize on this demand by renting out their ADUs, creating an additional income stream.

In addition to rental income, ADUs can now be sold separately from the main home under the newly enacted AB 1033. San Jose pioneers this initiative as the first city in California to allow homeowners to sell their ADUs as separate properties.

  • More sustainable and easier to build than traditional homes

ADUs require fewer resources for both construction and maintenance compared to traditional homes. In California, the standard maximum size of an ADU is 1,200 square feet. Though some local municipalities have the authority to adopt their own ADU size requirements, these homes have a considerably lower size than the state's average of around 1,900 square feet. This indicates that ADUs consume less energy for heating and cooling, leading to lower utility expenses and diminished carbon emissions.

Additionally, building ADUs is quicker and minimizes disruptions for homeowners, allowing them to make use of their investments sooner.

  • Offer affordable housing options

ADUs offer an affordable housing alternative in California due to their lower construction costs compared to traditional homes. This affordability makes ADUs a practical solution for individuals and families seeking cost-effective housing while remaining close to workplaces, schools, and other amenities.

  • Boost property values

ADUs can significantly increase property values in California by adding functionality and appeal. The additional living space they provide enhances the versatility of a property, making it more attractive to a broader range of potential buyers and renters.

  • Provide additional space

ADUs are highly adaptable and can serve various functions beyond just being rented or sold. They can be used as guest houses, home offices, residences for caretakers, or even studios. This flexibility makes ADUs an excellent option for property owners looking to meet their evolving needs.


What are the ADU Laws in California?

Over the past decade, ADU construction has experienced a surge throughout California, accounting for approximately 20% of newly constructed housing units in 2023.

The substantial rise in ADUs can be traced back to California's proactive measures to actively refine ADU laws to reduce barriers, streamline approvals, and allow homeowners to share ADUs with family members or use them as additional income streams.

Here are the significant reforms in ADU policies in California from 2016 to 2023:

  • SB 1069 minimizes fees, reduces fire requirements, and limits parking to one space per unit.
  • AB 2299 requires a local government to ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements.
  • AB 2406 creates more flexible housing options by authorizing local governments to permit junior accessory dwelling units (JADU) through an ordinance.
  • SB 229 and AB 494 clarify various ambiguities from the earlier SB 1069 legislation and give the California Department of Housing and Community Development (HCD) greater oversight over how local jurisdictions handle ADU permitting processes.
  • AB 670 prevents local Homeowners Associations (HOAs) from prohibiting ADU or JADU constructions on single-family residential use zones, except for reasonable size, location, and appearance restrictions.
  • AB 671 requires local agencies to provide financial assistance plans, such as grants and incentives, to encourage homeowners to build affordable ADUs for very low to moderate-income tenants.
  • AB 68 and AB 881 allow homeowners to add 2 more ADU units to their properties, minimize impact fees, regulate a shorter time for ADU permit approval, and ease requirements on size, lot, and setback.
  • AB 587 allows ADUs to be sold or conveyed separately from the primary residence to a qualified buyer under certain conditions, such as if the buyer is a person of low or moderate income.
  • SB 13 deals with other major barriers to ADU development that AB 68 and 881 leave unaddressed. It eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1, 2020, and January 1, 2025. SB 13 also establishes impact fee exemptions and limitations and permits the delay of enforcement against qualifying substandard ADUs for five years to allow the owner to correct the violation.
  • AB 3182 addresses barriers to the development and use of ADUs and JADUs by allowing automatic approvals if local agencies make no decisions within 60 days. This legislation also allows up to one ADU and one JADU to be built per lot within a residential or mixed-use zone.
  • SB 592 protects single-family and ADU projects by allowing homeowners to pursue legal action and seek compensation if their ADU application is unjustly denied by the city.

  • AB 345 requires local agencies to allow ADUs to be sold or transferred separately from the main house if the property has a special recorded ownership agreement and if the ADU was built by a nonprofit group or sold to a low-income buyer.
  • AB 157 allows homeowners to build ADUs without a dedicated parking space. It also creates financial assistance programs to help low- and moderate-income households build ADUs.
  • AB 916 is a CalRHA-sponsored bill that provides financial incentives to homeowners who build ADUs. It also allows homeowners to convert existing interior space, such as basements and garages, into more bedrooms.
  • AB 2221 removes limits on how close ADUs can be built to the front of a property and makes it easier to build ADUs in housing associations. Additionally, this legislation allows a 60-day timeline for the full review if ADU is denied or approved.
  • SB 897 prevents local governments from posting unnecessary notices and prevents a local government from delaying or denying demolition permits if an ADU permit is issued. It also allows two-story ADUs in some places.
  • AB 1033 permits property owners in participating cities to construct an ADU on their land and sell it separately. It also gives homeowners more options for building ADUs on their property.
  • AB 976 permanently allows homeowners to build affordable rental ADUs and construct rental ADUs on properties that already have rentals.
  • AB 671 allows CalHOME Program funds to be used for the construction, repair, reconstruction, or rehabilitation of ADUs and JADUs.
  • AB 1332 requires local agencies to develop a pre-approved ADU program by January 1, 2025, to streamline the process of ADU construction in California. Also, this legislation provides clear guidelines for how applications for detached ADUs should be approved or denied.


Frequently Asked Questions about ADU in California

  • What are the permits I need to build an ADU in California?

Permits are necessary to construct an ADU in California. Typically, this includes building permits, ADU permits, and Zoning Administrator Permits. However, it's essential to consult your local building department for the most accurate and specific requirements. If you're constructing an ADU in San Jose, you can visit their building permit website for more information.

  • How much is the cost of ADU construction in California?

The cost of building an ADU varies based on its size and type. According to the City of San Jose, converting an existing garage or basement may cost between $80,000 and $150,000, depending on its size, existing plumbing, and design complexity. Alternatively, constructing a custom detached ADU could range from $250,000 to $350,000, depending on size, features, and materials chosen.

Additionally, it is important to know that building an ADU in California involves standard fees for plan review, permits, development impacts, and utility connections. It's advisable to consult your local city for specific fee details before starting your ADU project.

  • What are the financial incentives for building an ADU in California?

The CalHFA ADU Grant Program offers up to $40,000 grant to support homeowners in the pre-development phases of ADU construction. These predevelopment costs include site prep, property surveys, soil tests, permits, architectural designs, impact fees, and energy reports. The program aims to increase the availability of accessory dwelling units throughout California.

Here are some of the potential state grants and financial incentives for ADUs:

  1. CalHome Program
  2. Local Early Action Planning (LEAP) Grants
  3. Local Housing Trust Fund (LHTF) Program
  4. Regional Early Action Planning (REAP) Grants
  5. SB 2 Planning Grants
  6. Community Development Block Grant Program (CDBG)

For a more comprehensive guide to ADU grants in California, visit the California Department of Housing and Community Development website.

  • Am I allowed to sell my ADU in California?

Yes, a new policy effective July 18th, 2024, under Assembly Bill 1033 (AB 1033) in 2023. passed in 2023, presents exciting opportunities for homeowners and potential ADU buyers in California. This legislation empowers California cities and counties to permit homeowners to sell their ADUs as separate properties.

San Jose is pioneering this initiative as the first city in California to allow the independent sale of ADUs.

  • Am I allowed to rent out my ADU in California?

California allows you to make your ADU available for rent. However, there's an important regulation to keep in mind: the minimum rental period for ADUs is 30 days. This means platforms like Airbnb, which often facilitate short-term rentals under 30 days, might not be suitable options for renting out your ADU.

  • What are the owner-occupancy requirements for ADU rentals in California?

Effective January 1st, 2024, California has completely removed all owner-occupancy rules for ADUs statewide. Assembly Bill 976 has solidified this change, ensuring that ADUs built both before 2020 and after 2025 are no longer subject to owner-occupancy requirements. These changes are intended to streamline ADU construction and expand rental housing options throughout California.

  • Can I have a separate address for my ADU in California?

Generally, ADUs in California can share the main house's address or request a separate address. However, this depends on the local regulations. For instance, in Los Altos, every ADU will be assigned a new address before receiving a building permit. This address will be the existing property number followed by 'A' (e.g., 1234A Main St).

However, according to LA County, if a separate address is needed for your ADU, you may file a request to the mapping division in your California city. The new address would typically be a fractional number (?) added to the main address. For instance, if the main house is at 1234 Main Street, the ADU might be assigned 1234 ? Main Street. If the ADU has its own driveway or street access separate from the main house, it requires a distinct address. The new address is solely for the ADU and cannot be used until all relevant agencies have approved it.

Additionally, in San Jose, an address will be assigned to your ADU as part of the building permit process.

  • What are the differences between JADU and ADU?

While both JADUs and ADUs offer additional living space, a key distinction lies in their size and integration with the main dwelling unit. JADUs in California are compact, limited to 500 square feet, and must fit entirely within an existing single-family home, such as a basement or garage conversion.

Unlike standard ADUs, JADUs can share a bathroom with the main house and have smaller kitchen amenities like plug-in appliances and a modest food preparation area. Due to their smaller size, JADUs are typically used as studio dwellings, and only one JADU is allowed per single-family lot. This setup minimizes the strain on utility services and infrastructure compared to larger ADUs.

  • What are some resources to help me get started with an ADU and JADU project?

To start your ADU and JADU projects in California, explore these recommended websites and resources:

  1. California Department of Housing and Development
  2. HCD Accessory Dwelling Unit Handbook
  3. California ADU by UC Berkeley’s Center for Community Innovation
  4. The City of San Jose ADU
  5. California ADU Reform: A Retrospective by California YIMBY
  6. Junior Accessory Dwelling Units


You can also subscribe to our informative newsletter for the latest updates on California's ADU.


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Disclaimer: This article provides a general overview of ADU in California. Always check with your local ADU and housing department to confirm specific laws, guidelines, and permitting processes for building an ADU.



References: HCD, CALHFA, San Jose, Los Altos, NBC Bay Area, LA County, California Budget & Policy Center, California Department of Housing and Community Center ADU Handbook



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