ADU Knowledge
July 18, 2024

Important 2024 ADU Laws to Understand - California Edition

Argi Avetisyan
Argi Avetisyan
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Important 2024 ADU Laws to Understand - California Edition
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If you've been looking into adding an Accessory Dwelling Unit (ADU) to your California property, there's no better time than now. With new 2024 regulations making the process easier and more beneficial for homeowners and investors alike, it's essential to stay informed about these changes.

In this post, we'll explore the latest ADU laws, how they can benefit you, and the steps to take to ensure your ADU project is a success. Whether you're a real estate investor or a homeowner, understanding these laws can help you maximize your property's potential and contribute to solving California's housing crisis.

The Benefits of ADUs

Affordable Housing Solutions

ADUs are transforming the housing landscape in California by providing affordable living options for many residents. With the state's encouragement, these units have become a viable solution to the housing shortage, offering more people the opportunity to find comfortable and reasonably priced homes.

Increased Property Value

Adding an ADU to your property can significantly increase its value. Not only does it provide additional living space, but it also opens up the potential for rental income. This makes ADUs an attractive option for both homeowners looking to increase their property's worth and investors seeking profitable opportunities.

Versatility and Flexibility

ADUs offer unparalleled versatility. Whether used as a rental unit, a home office, a guest house, or a place for family members, these units provide flexibility to meet various needs. Their adaptability makes them a valuable addition to any property.

The Impact of ADU Laws on Affordable Housing in California

The introduction of ADU laws has been a game-changer in addressing California's housing crisis. By simplifying the process of building ADUs, these laws have made it easier for homeowners to create affordable housing options. This not only helps to alleviate the housing shortage but also supports the state's goal of providing diverse and inclusive housing solutions.

Overview of 2024 ADU Laws

Owner Occupancy Requirement Eliminated

One of the most significant changes for 2024 is the permanent elimination of the owner occupancy requirement. Previously, homeowners were required to live on the property if they built an ADU. This change allows homeowners to rent out both the main residence and the ADU, opening up new investment opportunities.

Condo-ized ADUs

Another notable update is the ability to sell ADUs separately from the main residence through a process called condo-ization. This change provides more flexibility for property owners and creates additional homeownership opportunities, particularly for first-time buyers.

Height Restrictions Relaxed

Previously, ADUs in California were restricted to a maximum height of 16 feet. In 2024, these restrictions have been relaxed, allowing:

  • Attached ADUs up to 25 feet or as tall as the main house, whichever is lower
  • ADUs within a half-mile of public transit up to 18 feet
  • ADUs on properties with multi-family dwellings up to 18 feet

A More Transparent 60-Day Rule

Permitting offices are now required to provide detailed reasons and remedies if an ADU permit application is denied within the 60-day timeframe. This change ensures that local agencies cannot simply deny permits without justification, helping homeowners understand how to fix any deficiencies in their applications.

Better-Defined Front Setback

If an 800-square-foot ADU encroaches on the front setback, local jurisdictions can no longer deny the application. This change is particularly helpful for homeowners with limited backyard space, making it easier to add an ADU to their property.

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Understanding the New Regulations

Allowed ADU Types

Every residential property in California is allowed to have one ADU of up to 800 square feet, regardless of lot size or floor area ratio. Additional ADU types include:

  • One attached ADU
  • One detached ADU
  • One Junior ADU (JADU)

ADU Sizes

Cities must allow at least 850 square feet for one-bedroom ADUs and 1,000 square feet for ADUs with two or more bedrooms. Garage conversion ADUs do not have a size limit, as long as the existing footprint is maintained.

Setbacks

ADUs must be set back a minimum of four feet from the side and rear property lines. Front setbacks depend on local jurisdiction, but state exemptions may apply if front setbacks hinder the construction of an 800-square-foot ADU.

Parking

Off-street parking is required for ADUs, except in the following circumstances:

  • The ADU is within a half-mile of public transit
  • The ADU is in a historically significant district
  • The ADU is converted from an existing space or accessory structure
  • On-street parking permits are required but not offered to the occupant of the ADU
  • A car share vehicle is within one block of the ADU

Compliance and Planning

Planning Your ADU Project

Ensuring Legal Compliance

To ensure your ADU project meets all legal requirements, it's crucial to stay informed about local regulations and zoning laws. Consulting with a professional can help you navigate the complexities of the approval process and avoid potential pitfalls.

Planning Your ADU Project

Proper planning is key to a successful ADU project. Start by assessing your property's suitability for an ADU, considering factors such as available space, budget, and intended use. Developing a detailed plan will help streamline the process and ensure you stay on track.

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Case Studies

Real-Life Examples of Successful ADU Projects

San Jose

San Jose has championed the ADU initiative by providing homeowners with pre-approved designs, streamlining the approval process. This approach has made ADU construction more accessible and efficient.

Monterey Bay's 'My House My Home'

My House My Home is a focused program providing senior homeowners in Monterey Bay with a pathway to create affordable ADUs. This program ensures secure living options for both the present and future.

Chico

Chico's supportive structure in ADU development includes assistance and pre-approved plans, encouraging property owners to build ADUs. This initiative has successfully increased the number of ADUs in the city.

Funding Opportunities and Grants

CalHome Program

The CalHome Program provides grants to support the construction and rehabilitation of ADUs and JADUs, making these structures more accessible to lower and moderate-income households.

Local Financial Assistance Programs

Local programs, such as the San Diego Housing Commission ADU Finance Program, offer construction loans and technical assistance for ADU projects. Santa Cruz County's Forgivable Loan Program incentivizes affordable ADU rentals through forgivable loans.

Private Funding

Organizations like Housing Trust Silicon Valley provide financial and development assistance for ADU construction and refurbishment. These private funding options complement state and local programs, offering homeowners additional resources.

Navigating the ADU Permit Process

Predevelopment Costs and Permit Fee Structures

Predevelopment costs include site assessment, plan drafting, and necessary documentation. The state offers provisions like the CalHFA ADU Grant Program, which provides up to $40,000 to defray these early expenses. State laws also reduce permit fees for ADUs under 750 square feet.

Timelines and Approval Procedures

Local agencies must approve or respond to ADU permit applications within 60 days. Projects involving both an ADU and a new primary structure may require additional review. Assembly Bill 434 aims to establish pre-approved ADU plans by 2025, further streamlining the approval process.

Navigating the ADU Permit Process

The Future of California's ADU Legislation

Ongoing Legislative Updates

California continues to refine its ADU laws to encourage more construction and address the housing crisis. Future legislation is expected to further streamline the approval process and provide additional incentives for homeowners and investors.

Anticipated Impacts on Housing

With continued support for ADU construction, California is poised to make significant strides in providing affordable and diverse housing options. This will not only benefit individual property owners but also contribute to the overall health and sustainability of communities across the state.

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Frequently Asked Questions (FAQs)

What are the new ADU laws and regulations in California?

California has introduced several new laws to streamline ADU development, including fee reductions for smaller units, relaxed minimum lot size requirements, and suspended owner-occupancy requirements until 2025. The permit approval process must also be completed within 60 days.

Can an ADU be built anywhere on a property in California?

ADUs must comply with local zoning laws, which can vary by city and county. Generally, ADUs are allowed in residential and some mixed-use zones. It's essential to check with local ordinances before planning an ADU project.

How do ADUs contribute to affordable housing in California?

ADUs provide lower-cost housing options by utilizing existing property and infrastructure. They offer affordable rental opportunities for lower-income residents and generate income for homeowners.

What are the size limitations for an ADU in California?

State law allows ADUs to be up to 1,200 square feet, depending on lot size and local regulations. Junior ADUs (JADUs) must be within the existing walls of a single-family home and can be no more than 500 square feet.

What does the ADU permit application process in California involve?

The process involves submitting plans to the local city or county for approval, ensuring compliance with building codes and local ordinances. Agencies must respond to the application within 60 days.

Are there parking requirements for ADUs in California?

Yes, but there are exceptions. Parking requirements may be waived if the ADU is near public transportation, within a historic district, or part of an existing structure. Garage conversions do not require additional parking.

What building codes apply to ADUs in California?

ADUs must comply with building codes, including safety regulations. Certain utility connection requirements may be relaxed for ADUs within existing structures.

How can homeowners navigate predevelopment costs and permit fee structures for ADUs?

Homeowners can seek financial assistance through programs like the CalHFA's ADU Grant Program. ADUs under 750 square feet may also benefit from reduced permit fees.

What funding opportunities are available for ADU construction in California?

Various funding programs, including state and local grants, low-interest loans, and the CalHome Program, are available to support ADU construction.

What are some successful ADU projects in California?

Cities like San Jose and regions like San Mateo and Monterey Bay have implemented successful ADU programs, providing pre-approved plans and financial support to facilitate construction.

What are the conditions for owning and renting out an ADU in California?

Owner-occupancy requirements are suspended until 2025 but may apply to JADUs. Rent control may apply to ADUs depending on when the primary residence was built.

Can an ADU in California be sold separately from the primary residence?

Assembly Bill 1033 allows ADUs to be sold separately from the main residence, subject to local agency approval and specific conditions.

How is California's ADU legislation expected to impact future housing?

Ongoing updates to ADU legislation aim to ease construction barriers and streamline the approval process, significantly impacting California's housing market by providing more affordable living solutions.

End notes

California's 2024 ADU laws offer exciting opportunities for homeowners and real estate investors. By understanding and leveraging these changes, you can enhance your property's value, generate additional income, and contribute to the state's housing solutions.

Ready to start your ADU project? Explore our resources and Consult our ADU experts who can guide you through the process. Let's build a better future, one ADU at a time.

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