BILLS & LEGISLATION

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WEBSITES

NOTE: many local jurisdictions have not updated their codes and ordinances, so the information on their website may be outdated.

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FREQUENTLY ASKED QUESTIONS (FAQs)

What is an ADU?

Commonly known as a backyard house, casita, granny flat, or in-law unit, ADUs are an innovative solution to add much-needed affordable housing. ADUs can come in all shapes and sizes and can be used to generate passive income as a rental, create an aging in place solution for retiring homeowners, or provide extra space for work or a relative to live in.

Can I build an ADU?

In most cases, the answer is yes! In fact, HOAs and local officials cannot enact ordinances that are more restrictive than the state’s regulations. The main factors governing ADU construction are zoning and setback requirements. In short, ADUs generally requires a backyard that can accommodate a 20’ x 24’ footprint to build, or a detached structure or internal room to convert.

How many adus can I build on my property?

You can now build one conventional ADU and one JADU on a lot zoned for single-family use where there is an existing or proposed single-family home.

In California, you can build two detached ADUs on a lot zoned for multifamily use and multiple ADUs up to 25 percent of the existing unit count within an existing multifamily building, provided you meet setback requirements and a 16-foot maximum height.

Does an ADU require separate utilities?

No, but you will need to size your utilities to meet the additional demand or load of the new ADU.  Many older properties may need to upgrade utilities or septic systems for more capacity.

Are ADUs legal?

Yes! In 2016, the California Legislature passed a series of laws effectively eliminating the red tape associated with building Accessory Dwelling Units (ADUs) in the backyards of existing single family homes. In 2019, the state legislature passed Assembly Bill 68 which further removed restrictions involved with building ADUs, including allowing them to be built on multi-family properties like duplexes. Read more about AB 68.

Can I rent my ADU?

Yes. Furthermore, the new laws prohibit local agencies or HOAs from requiring homeowners to occupy either the ADU or primary residence until January 1, 2025. However, for a JADU, local regulations can require owner-occupancy of either the JADU or the main dwelling.

will my property taxes increase?

Yes, but not very much. When you build an ADU, the city will conduct a blended assessment, which does not affect the value of your existing property, but instead assess the cost of the construction and add that to your original property value. Your taxes will only increase by about 1.1% of the total cost of the improvements, which ends up being just a couple hundred dollars extra per year, a small price to pay compared to the rental income you will receive.

Are there ADU impact fees?

An ADU of 750 sq. ft. or less is exempt from impact fees. Square footage over that amount may be subject to your local impact fees.