How Do the New ADU Laws Impact You?

The state of California recently passed a series of laws regarding the construction of ADUs. Here are the changes you need to know about.

On October 9, three laws were passed by the state of California that intend to address the housing crisis by relaxing restrictions on accessory dwelling units (ADUs): Senate Bill 13, Assembly Bill 68, and Assembly Bill 881.

Within these three laws, three specific changes were enacted that you need to know.

The first is that ADUs don’t have to be owner-occupied. Previously, you had to occupy part of the property to build an ADU on it or convert a garage into an ADU—whether it was the main house or the ADU, itself. Now, you don’t have to. Also, you’ll no longer have to deal with size restrictions on the lot before you start building. The total floor area of an attached accessory dwelling unit shall not exceed 50% of the proposed or existing primary dwelling living area, or 1,200 square feet.

Second, you’re allowed to have two ADUs on a property. Now, for example, if you have a detached garage that you converted into an ADU, you can build another detached ADU, even if it’s in a single-family home zoning area. Also, if you already have a duplex and a separately built garage and you’re located in a multifamily resident zoning area, you can build on top of that garage—as long as it makes sense foundationally.

This is good news for anyone looking to invest in real estate

Lastly, the city can’t go against state law. Also, the city has to lower the impact development fee and the utility company has to lower the connection fee for the water and sewer lines. Additionally, the city has to respond to building permit applications within 60 days. If they don’t respond within 60 days, their approval is implied, and you’re free to start building.

In a nutshell, this is good news for anyone looking to invest in real estate or anyone who already has an ADU built within the zones mentioned above. My advice is to hang on to that property and sell it later on—tax-free!

If you have any questions about this or any other real estate topic, don’t hesitate to reach out to me. I’d love to help you.