2024 Changes In California’s ADU Laws

Amid California’s ongoing housing crunch, the state has been searching for ways to boost the stock of available housing. Starting with A.B. 2299 and S.B. 1069 in 2016, the state legislature has made it easier for property owners to build accessory dwelling units (ADUs).

Since then, both the demand and the effect have been clear—between 2016 and 2023, over 80,000 such units were permitted in the state.

What are ADUs and why are they popular?

Accessory Dwelling Units (ADUs) are smaller secondary residential dwellings on the same lot as a single-family home.

ADUs are popular because they provide an opportunity to create new living spaces for a family member priced out of the market (such as a new college grad or aging parent) or to add an income-producing rental unit. This could take the form of a free-standing structure, an apartment added above a garage, or an addition to the main house. However, even with more liberalized ADU laws, property owners have still had difficulty moving forward with ADU projects because of confusion as to what was allowed or limitations that restricted the feasibility of projects.

Recent Changes in the Laws – ADU Construction

More recent bills have clarified existing rules and given property owners more scope in creating ADUs. Here’s what to know about what has changed and what is changing in ADU rules:

More Flexible Space Limits for ADUs

Prior to the passage of A.B. 2221, local agencies could limit the height of an ADU to 16 feet. This bill allows exceptions to that rule:

• A height of 18 feet for a detached ADU located within a half-mile walk from a major transit stop or high-quality transit corridor
• A height of 18 feet for a detached ADU on a lot with an existing or proposed multistory, multifamily building
• A height of 25 or the height limit for the primary dwelling in the local ordinance (whichever is lower) for an ADU attached to the primary dwelling

Eliminating Obstacles to ADU Construction

Ambiguities and red-tape details have proven to be obstructions to ADU construction in some cases. S.B. 987 helps to streamline ADU approval by:

• Clarifying how ADUs can be built on properties with existing or proposed multifamily buildings
• Updating fire safety requirements such that adding an ADU does not force the installation of fire sprinklers in the primary dwelling
• Requiring local agencies to review and issue a demolition permit for a detached garage to be replaced by an ADU at the same time it reviews and issues the permit for the ADU

What are JADUs and changes to their rules?

A Junior Accessory Dwelling Unit (JADU) is a small, affordable rental unit that can be built within an existing single-family home. JADUs are usually no more than 500 square feet and can include a bedroom, storage, and a food preparation area. They can also have a bathroom, but it may be shared with the main dwelling. JADUs are considered part of the main structure and don’t require a separate fire-rated wall, but they do need their own exterior entrance.

• Clarifying rules around the construction of junior accessory dwelling units (JADUs), including prohibiting the denial of a permit due to nonconforming zoning conditions, building code violations, or unpermitted structures that aren’t a threat to public health or safety and aren’t affected by the construction of the JADU 

Requiring Feedback on Application Denial

A.B. 2221 and S.B. 897 also changed a key aspect of the application process for ADUs. Local agencies have 60 days to approve or deny an application, but before the law was amended they weren’t required to justify a rejection. Now, the permitting agency must “return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant” if the permit for an ADU or JADU is denied. This helps ensure that rejections are factually based, and not a side effect of a local area’s application backlog or wish to discourage development.

Changing Rules on Front Setbacks

In addition to other changes to rules that limited the construction of ADUs, A.B. 2221 also prohibited local agencies from requiring front setbacks (that is, the distance from the front of a property) that would not allow the construction of an 800-square-foot ADU. This allows property owners to make more creative use of existing space on their lots.

More Changes Coming to the ADU Landscape

More recently passed legislation promises further changes, such as:

• A.B. 1033 authorizes local agencies to adopt a local ordinance that allows an ADU to be sold separately from the main dwelling as a condominium.
• A.B. 976 prohibits local agencies from imposing an owner-occupancy requirement on any ADU, allowing property owners to build ADUs on the same property as existing rental units

These laws create added incentives for property owners to maximize the use of available lots and hopefully continue to add to California’s inventory of available housing.

Providing Legal Guidance for ADU Construction Projects

Does the increase of ADU-friendly policies in California mean that every proposed project will automatically be smooth sailing? Of course not. The expert real estate and construction law attorneys at Ghassemian Law Group can help you understand the legal changes, position your project for success, and look out for your interests if a dispute arises. To find out more, contact us here or call (949) 436-2785 to schedule a consultation.