ADU Amnesty Program in California
The permit process often frustrates the homeowners to the point where they decide not to start it at all. Putting the legal part aside, they usually build unpermitted units on their lots, hoping to comply with the requirements afterwards. The ADU amnesty program provides a pathway to legalization and compliance with local regulations.
In this article, we show you what the ADU Amnesty Program can do to help you bring your ADU up to code, reduce health and safety hazards for inhabitants, and increase the value of your property.
Accessory dwelling units, otherwise known as ADUs, are becoming extremely popular around California. Just in 2022, these accounted for nearly 20% of all housing permits and buildings in the state.
An Accessory Dwelling Unit (ADU) is about as close to a secondary on-site “tiny home” that still can be occupied while sticking within city standards. This separated structure on the property with your primary residence allows you to bring additional tenants' income or expand your living situation to include the in-laws, enlarge the home office, etc.
An ADU is a separate residential unit, meaning it has its own entrance, bathroom, kitchen, sleeping area, and more.
"Studies done between 2010 and 2020 found that 11% to 66% of the single-family homes in selected parts of Los Angeles, Oakland and Berkeley had unpermitted units. In fact, one researcher who examined the communities between Long Beach and downtown Los Angeles found that more than 75% of the housing units added between 1991 and 2010 were unpermitted."*
Back in 2018, a UCLA professor estimated** that Los Angeles had at least 50,000 unpermitted secondary units on single-family lots.
California Government Code Section 65852.2 requires local jurisdictions to allow accessory dwelling units (ADUs) by right.
Unpermitted ADUs can lead to serious problems. They might not meet code requirements, which poses safety risks for anyone living there. You could also face fines, legal issues, or trouble with insurance claims if something goes wrong.
What is an amnesty program for unpermitted accessory dwelling units (ADUs)?
Participating in the amnesty program is a unique chance for homeowners with unpermitted accessory dwelling units to legalize them without facing penalties. If you've built a backyard cottage, converted your garage into an apartment, or added any secondary housing unit without the proper permits, this program is designed for you.
This program lets you bring your unpermitted ADU up to code. The homeowners shall provide evidence that their ADU meets the compliance requirements of the local Building Department or make improvements to bring their unpermitted ADUs up to current codes. The biggest issue of unpermitted accessory dwellings is non-compliance with current building codes and safety standards. California ADU amnesty program requires necessary permits to ensure life safety standards but offers a temporary window where the steps to legalize your ADU are simplified, more affordable, and faster.
Who is this program for?
If you have an ADU built without prior Planning and Building permits, you may qualify for the following:
Amnesty from violations of Planning Code standards.
Delay in enforcement of certain building code requirements to fix violations without penalties.
What is planning code amnesty?
If you have an unpermitted ADU or Junior Accessory Dwelling Unit (JADU) that was built during a specific time window, you might be eligible for a waiver. This waiver forgives any existing violations of the Planning Code—things like setbacks, height, size, lot coverage, location, or other planning and zoning rules. You can bring your ADU into compliance without facing fines and penalties.
Benefits of Participating in the ADU Amnesty Program
Enhance safety: Minimize health and safety risks for occupants of both the ADU and the primary dwelling.
Reduce liability: Avoid potential issues with home insurance not covering damages related to an unpermitted ADU.
Boost property value: Make your property more appealing to a potential buyer or tenant.
Gain peace of mind: Eliminate the risk of penalties or future code enforcement actions from the city against your unpermitted ADU.
Extended timeline: You have enough time to make corrections to building codes that do not pose an immediate threat to health and safety.
Risk-free exploration: No penalties or code enforcement actions while you explore the program before submitting a formal application.
How to Apply for the ADU Amnesty Program
Step 1
Find out information on how to legalize the structure in your specific area. Visit the building department or their website to learn if the amnesty program is available. Note the dates for the amnesty program, conditions, and requirements. Each city and town may run the program at different times or not run it at all.
Step 2
Fill out the Permit Application for the ADU Amnesty and submit it to the Planning Department. Provide detailed information about your ADU. Provide an as-built drawing to show how the ADU was constructed up to code and meets application requirements.
Step 3
Obtain permits. Wait for the city staff to approve your unpermitted dwelling units. Make sure to check their official website for updates or request additional information.
Key Takeaways
An opportunity to legalize Unpermitted ADUs: Homeowners that have unpermitted Accessory Dwelling Units can also apply for the ADU Amnesty Program and save thousands in penalty fees.
Benefits: Taking part in the program can help increase safety, decrease liability, improve property values, and save property owners from future fines and code enforcement actions.
Limited Compliance Timeline: Homeowners have up to five years or until January 1, 2035, to comply when no immediate health and safety threats exist.
Amnesty from Planning Code Violations: The program offers waivers for existing violations related to setbacks, height, size, and other planning or zoning requirements for ADUs built and occupied before January 1, 2021.
No Penalties During Exploration: Homeowners can explore the program and determine eligibility without facing penalties or code enforcement actions.
This program is an excellent opportunity for homeowners to address unpermitted ADUs, ensure compliance, and improve the safety and value of their properties.
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