California ADU: Frequently Asked Questions

California ADU: Frequently Asked Questions

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.


What are the benefits of building an ADU in California?

  1. ADUs are affordable to build in California because they don't require land costs, major new infrastructure, structured parking, or elevators.
  2. ADUs allow homeowners to share living areas with family and others, allowing seniors to age in place with added care.
  3. ADUs provide a source of income for homeowners.
  4. ADUs offer living space comparable to many new apartments and condos, suitable for couples, small families, friends, young people, and seniors.
  5. ADUs allow extended families to live close while maintaining privacy.


Do I need permits to build ADU in California?

Yes, 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 does it cost to build an ADU?

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.


Are there 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.


Can I 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.


Can I 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.


Are there 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 new ADU laws in California?

In October 2023, Governor Gavin Newsom signed four new laws aimed at easing the process and increasing benefits for homeowners building ADUs, addressing the housing crisis in California. These laws, namely AB 1033, AB 976, AB 1332, and AB 671, provide significant changes. Discover more about these new ADU laws here.


What are the existing ADU laws in California?

California policymakers continue to actively refine ADU laws to reduce barriers, streamline approvals, and provide homeowners with the flexibility to share ADUs with family members or use them as additional income streams. Some of the existing ADU laws include:

  • AB 157 allows homeowners to build ADUs without a dedicated parking space and creates financial assistance programs to help low- and moderate-income households build ADUs.
  • SB 897 prevents local governments from posting unnecessary notices and delaying or denying demolition permits if an ADU permit is issued.

Click here to access the full timeline of ADU law policy changes in California from 2016 to 2023.


What makes a JADU different from an 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
  7. Subscribe to our informative newsletter for the latest updates on California's ADU.




Disclaimer: This FAQ provides a general overview. Local regulations may have additional requirements. It's always best to check with your local building department to confirm specific guidelines and permitting processes for building an ADU in your California community.




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