Prior to this bill, a homeowner could face ramifications for unpermitted ADU developments. Previously you would be fined or the county/city would make you tear the structure down. With AB 2533 being in force, it prohibits any local agency from denying a permit for an unpermitted ADU or a junior ADU that was constructed before Jan. 1st, 2020.
It's important to know AB 2533 is not applicable to all or just any unpermitted spaces (e.g. sun room, enclosed patio, deck, bathroom, etc.) So don't run to the city and tattle on yourself! AB 2533 is only applicable to accessory dwelling units. By definition, an ADU may be attached or detached. It is newly built spaces or converted from an existing structure that must have its own living, sleeping, eating, cooking and bathroom. A junior ADU must be contained entirely within a single-family residence or ADU. It must have a separate entrance and its own kitchen but may share a bathroom with the attached dwelling.
With that being said, if you have unpermitted ADUs on your property, here's some general guidelines to know:
- You can obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.
- Prior to obtaining a permit, your local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.
Understand that while this is a state mandate, local agency building codes and ordinances can be varied so let me know if you need clarification based on your city/county. Regardless, this is a great bill and will certainly provide a lot of relief to homeowners as well as potential home buyers!
