On the face of it, laws around accessory dwelling units can appear convoluted and confusing for those looking to build an ADU. Cutting through the various regulations and rules is easier than you think, even more so since these laws were simplified at the turn of the year. If you are thinking of adding to your primary dwelling with an ADU, we will help you to understand what you can and cannot do. Let’s look at the new California ADU laws coming into effect in 2023 and how you can apply them when building an ADU.
California ADU Laws: What’s Going Into Effect
The previous ADU laws were too elaborate and complex for most property owners. When you have laws like that, it doesn’t exactly encourage ADU development because nobody wants to build property only to face hefty fines or extra costs for building code violations.
The latest Senate bill simplifies getting permission to build an ADU on the property. This is great news for property owners, local agencies, and the construction industry. It can be fully expected that more accessory dwelling units will now be built than before the law change.
AB 221
AB 221 was signed into law by Governor Newsom on September 28th, 2022, and will be enforced starting January 1st, 2023. The main aim of this legislation is to simplify the ADU development processes and clear up any confusion caused by previous regulations. It’s worth noting that the bill includes several important changes to the current laws.
Revised Height Restrictions
According to AB 221, cities must now modify their ADU size restrictions to a minimum of 16 feet, which may increase two-story ADUs. Additionally, new rules are in place that permits cities to permit the construction of ADUs that exceed the 16-foot limit in specific situations.
For instance, if the ADU is connected to the main residence, it can be up to 25 feet high. Furthermore, if the property is located within ½ mile of public transit or already has a two-story multi-family dwelling, the ADU height limit can be raised to 18 feet.
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Changes to the 60-Day Rule
In the past, getting a result on an ADU permit application within 60 days was mandatory. However, some planning departments rejected applications once the 60-day period had expired.
To address this issue, AB 221 now requires cities to provide specific reasons for denying an application rather than just a few general concerns or basic ‘yes’ or ‘no.’ Additionally, the language of the law has been updated from “local agencies” to “permitting agencies.”
This means that all entities involved in reviewing an ADU permit, including water districts and utilities, are now subject to the 60-day requirement rather than just the planning board.
Refined Setbacks
In the past, the setback requirements only allowed for a four-foot distance from the sides and rear of a property. However, with the recent changes, if a potential ADU is under 800 square feet, the front setback rule no longer poses a barrier to its construction.
Multi-Family Housing
AB 221 has enabled developers to propose and construct new ADUs concurrently with new multi-family housing projects. No longer are they compelled to complete the construction of multi-family buildings before commencing work on an ADU.
SB 897
Unpermitted Conditions
With the introduction of SB-897, the previous restrictions on unpermitted work have been lifted, except in cases where it poses a safety or health risk. Unless it falls under these categories, rectifying unpermitted structures is not required before constructing the new ADU.
SB-897 has lifted the restrictions on unpermitted work unless it poses a safety or health risk. In such cases, you’ll need to fix it before constructing the ADU.
Fire Sprinklers
Under SB 897, fire sprinklers are no longer mandatory for the primary residence when applying for an ADU permit.
JADU Laws
When building attached JADUs (Junior Accessory Dwelling Units), you do not need to include a bathroom in the unit. This new bill makes it more explicit that if you don’t include a bathroom, the bathroom in the primary dwelling needs to be accessible to the JADU. This wasn’t explicit enough for some people before.
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Refined Demolition Laws
Although ADUs greatly assist in resolving the housing crisis in California, some cities are trying to impede their development. To prevent the construction of garage conversions, several cities grant ADU permits but refrain from issuing the demolition permit required to demolish the current garage. Consequently, ADU development is disrupted.
Beginning in 2023, issuing an ADU permit will prevent cities and local jurisdictions from withholding demolition permits. Additionally, posting a public notice regarding the demolition will no longer be required. This change will make it more challenging for cities to impede ADU development.
California ADU Grant
The SB-897 has implemented Government Code 50678, which mandates the department to establish a grant initiative to support the construction and maintenance of ADUs and JADUs.
The department will allocate the funding to qualified recipients once the extent of the funding for the program is determined. More information on this fund will be available when all the relevant rules and regulations are finalized.
AB 561
The Help Homeowners Add New Housing Program, created under AB 561, aims to assist homeowners in financing an ADU build. This program mainly benefits those who face difficulties securing federal government-backed mortgages due to specific requirements.
It seeks to address this issue and allow homeowners to benefit from the expected low mortgage interest rates in the near future. The initiative is intended to encourage banks, credit unions, and other mortgage originators to offer construction loans to homeowners and bridge existing federally-backed loans.
It also aims to provide protection to participating financial institutions that choose to enroll qualified loans in the program against losses caused by a default by establishing loss reserve accounts for each participating institution.
While the program’s details are still being developed, it is anticipated to offer exceptional financing options for homeowners who are interested in constructing ADUs. Eligible recipients will also be given support in their ADU construction.
AB 916
Although AB 916 doesn’t specifically address ADU laws, it still has significance for them. Local officials can use this bill to their advantage since it prevents cities from requiring a public hearing when adding one or two bedrooms to an existing dwelling unit.
This allows for converting spaces like an existing garage, attic, or basement into additional bedrooms without needing a public hearing. While we cannot guarantee it, this could have a beneficial effect on ADU development moving forward.
Looking to build an ADU? Call us now at 818.900.9626 for a free consultation or Get a Free Quote
AB 157
The CalHFA Grant of $40k has been an outstanding resource in promoting ADU development. AB 157 mandates CalHFA to create a working group that will simplify the eligibility process for ADU construction loans.
This bill will also provide greater access to capital for homeowners building ADUs and JADUs. We anticipate the working group’s recommendations by July 1st, 2023.
How To Interpret These Laws
Both states and local governments across the country have their own laws regarding ADU conversions, construction, and planning. This article covers the rules and regulations for building an ADU under the new law.
If you are unsure of the ADU requirements in your underlying zoning code, your permitting agencies or construction firms can help point you toward an answer.
Conclusion
These new laws are a welcome relief to many homeowners and the wider Los Angeles community. Now that building an ADU alongside the primary dwelling has become more accessible, affordable housing can be provided for those who need it and even house elderly family members who require care.
Building an ADU in California has never been easier, but getting the right construction team is essential for this project, whether it is a junior accessory dwelling unit, attached or a detached ADU.
At Build Method Construction, our team of experienced and dedicated contractors guides clients in selecting the ideal ADU options for their property based on their individual needs and financial objectives. We provide support in financing, obtaining permits, making necessary structural upgrades, and navigating California’s local laws and regulations.
Looking to build an ADU? Call us now at 818.900.9626 for a free consultation or Get a Free Quote
