Legalize an unpermitted accessory dwelling unit

If you have an unpermitted accessory (ADU) or junior accessory (JADU) dwelling unit built before January 1, 2020, you can apply for a permit without a penalty.

Getting a permit ensures the building is safe. It also helps you avoid:

• Potential disputes with neighbors
• Costly code violations and fines
• Issues with homeowner’s insurance coverage
• Complications if you want to sell your property

Learn more about the state law that governs this process.

Need to know

• Costs $1,081
• Takes about 60 days
• You will not be penalized for non-compliance, as long as you work to correct any issues.

Before you start

The unit needs to comply with building code regulations for accessory dwelling units.. If your unit doesn’t comply with 17920.3 of the Health and Safety Code, you’ll need to bring it into compliance in order to get your permit.

Prior to legalizing your unit, you are allowed to hire a confidential 3rd party code inspector to determine the condition and potential needed improvements.

For the plans in your application:

• Existing = before the unit was constructed
• Proposed = current unpermitted unit

You’ll need to indicate any items that must be brought into compliance with current code.

Steps

1. Apply for a building permit.

Submit an online application for a building permit.

In your application, select the Legalize ADU subtype.

Upload these documents with your online application:

• Title page with project address, contacts, scope, date and blank area for reviewer notes (examples: 11x17 and 24x36)
• Overall site plan / floor plan to show location of work
• Existing floor plans
• Existing elevations
• Electrical plans
• Any proposed work you need to do to comply with the required codes

Once you submit your application, we will review it and let you know if anything is missing.

2. Get an initial inspection.

Schedule an inspection by calling (510) 420-3050. We will come out and inspect the unit for any violations. We will provide you with a report, including any violations that need to be corrected.

3. Submit follow-up documentation, if needed.

After we check your plans, we will send you a letter outlining additional documents we need from you. You’ll get instructions for uploading these documents online.

Required documents may include:

• Proposed plans and elevations
• Sections, details, notes required to describe the scope of work
• Structural drawings and calculations
• Geotechnical report, if required
• Survey, if required
• Title 24 residential energy compliance forms, if adding habitable space or mechanical equipment
• Construction management plan (guidelines and example)
• Landscape plan, if required
• WELO, if required
• C.3 Stormwater, if required
• WUI details
• Contractor or owner-builder declarations
• Projects over $50k require Construction & Demolition Debris Recycling Statement

4. We will issue the permit.

Once we approve your preliminary permit, you will get an email letting you know. Your permit is not considered final until you get a final inspection (Step 6).

5. Correct any violations.

If there are outstanding violations, address them. Depending on the work required, this may require additional inspections.

6. Get a final inspection.

Schedule a final inspection to complete the permit process.

What’s next

If you pass your final inspection, we will send you an email letting you know your permit is final and complete.

If you plan on renting your ADU, learn about the rules and taxes you’ll need to pay.

Get help

• Call (510) 420-3050
• Email [email protected]