Imagine purchasing a property, only to find out that an accessory dwelling unit (ADU) on the land, which has existed for decades, was never permitted. This scenario can turn into a stressful and costly experience, as you may face code enforcement actions, potential fines, and obstacles to securing new permits for further improvements on your property.
Thankfully, California’s response to the housing crisis includes legislative relief for property owners in this situation. Recent legislation by Governor Newsom and the California Legislature offers protections for unpermitted ADUs, making it easier for owners to bring them into compliance.
Current Law: Protections for Pre-2018 Unpermitted ADUs
Under California law, local agencies cannot deny a permit for an unpermitted ADU constructed before January 1, 2018, solely because it does not meet building or ADU-specific standards—unless they find that addressing these issues is essential for public or occupant safety.
New Legislation: AB 2533 Extends Protection to Pre-2020 ADUs
On January 1, 2025, Assembly Bill 2533 (AB 2533) takes effect, expanding protections to ADUs constructed before January 1, 2020. This legislation lightens the burden for property owners seeking to retroactively permit ADUs by:
- Establishing specific habitability standards that local agencies must use to assess ADU safety, instead of requiring full compliance with modern building codes.
- Exempting property owners from retroactively paying impact fees, connection charges, or capacity charges in most cases, providing substantial cost savings.
What This Means for Property Owners
AB 2533 makes it significantly easier and more affordable for owners of unpermitted ADUs, including garage conversions and similar structures, to achieve compliance. By allowing a more flexible approach to habitability standards and eliminating most retroactive fees, the legislation encourages property owners to maintain and protect these much-needed housing units.
If you have questions about AB 2533 or are interested in retroactively permitting an ADU on your property, our land use and permitting team at JRG Attorneys at Law is here to help. Contact us at (831) 269-7127 or email jason@jrgattorneys.com.