An ADU or an Accessory Dwelling Unit accommodates new family members and guests at the existing residence when space becomes limited. But before constructing an attached, detached, garage-converted, or a J-ADU, one must remember the laws and guidelines set by the local/federal government about setback requirements, ceiling height, lot size, parking, entrance, utility lines, and ADU size. Let's delve deeper.

What Does the Present California ADU Construction Law Say?

  • Starting in 2024, homeowners in California can now build new ADUs or garage-converted units for renting without any owner-occupancy requirements. Assembly Bill 976 (AB 976) allows property owners to construct rental ADUs/JADUs on their existing properties, thus promoting additional housing or living space. Homeowners are no longer required to reside in the main house to build an ADU.
  • Assembly Bill 1033, in a significant move, allows homeowners to sell ADUs in California, unlike the previous law that restricted the sale of secondary dwelling units. The legal framework authorizes local municipalities and government bodies to allow property owners to sell ADUs separately.
  • By January 2025, local municipalities and cities in California will have to formulate a standard program to approve ADU construction plans. The plan would be available on the local municipality's website. The municipal body can approve or decline the plan within 30 days from the date they receive an application.
  • Impact Fee for ADUs in California may be further reduced or totally eliminated. Presently, ADUs below 750 square feet in size do not have to pay any permit charges or Impact Fee.

Other Standard Requirements

  • Under the new California ADU laws, the state government has removed the restrictions on lot size, parking, and setback requirements. Homeowners can now construct an ADU of 800 sq. ft. with a setback of 4 feet from the side and rear, and have a ceiling height of 16 feet.
  • Regulations on single-family and multi-family units have been significantly relaxed. Single-family residences can build one ADU (attached or detached) up to 1200 sq. ft. and a Junior ADU (JADU) of 500 sq. ft. However, approval is required. Multi-family units can build two detached ADUs.
  • The approval process has been streamlined and relaxed for ADU construction permits.

These are some salient features you need to know while constructing a secondary unit. When you partner with expert ADU contractors in San Diego, Los Angeles or anywhere else, they guide you through the right processes and steps. One such popular name is TNT Design & Build which operates in Carlsbad and around North San Diego County and provides valuable support to homeowners in need.