If you own a property in California, you should know about the Accessory Dwelling Unit (ADU) law. This law allows homeowners to build a small, secondary housing unit on their property, either attached or detached from the main house.
ADUs have become increasingly popular in California due to the state's housing shortage, high rent prices, and the desire for multi-generational living arrangements.
In this article, we'll cover everything you need to know about the ADU law in California, including its regulations and benefits.
What is an ADU in California?
An ADU, or Accessory Dwelling Unit, is a secondary housing unit that can be built on a property that already has a primary residence.
ADUs can be attached to the main house, built as a separate structure, or converted from an existing structure, such as a garage or a basement. ADUs are typically smaller than the primary residence, but they can provide many of the same amenities and features.
What Are ADU Laws in California?
California's ADU laws were updated in 2020, making it easier for homeowners to build ADUs on their property.
The ADU laws in California provide homeowners with more flexibility in building additional living space on their property. However, homeowners should be aware of the regulations and requirements before proceeding with construction.
Consulting with a qualified contractor or architect can help ensure that the ADU is designed to meet all local regulations and provide maximum value to the homeowner.
Here are the main regulations you should take care of:
Minimum Size
ADUs must be at least 1200 square feet. This requirement ensures that ADUs are livable and meet basic needs.
However, homeowners should keep in mind that larger ADUs may require additional permits, fees, and approvals. Also, homeowners cannot rent their ADUs for less than 30 days.
ADU Height
To ensure uniformity in the appearance of structures within a zone, attached ADUs to primary structures must have a height of 25 feet or the maximum height permitted by the zone.
However, if you plan to build a multi-family, multi-story home on the same land, the city may allow you to construct the ADU up to 18 feet tall.
Approval of New Build Proposal
Local cities and counties must approve all construction proposals for ADUs under Senate Bill 9 to ensure that the structures comply with state standards for size, height, and other relevant laws.
This requirement can help avoid any issues that may arise during property rental or permission.
New Builds Must Not Change Occupied Housing
Under Senate Bill provisions, newly constructed ADUs in California must not interfere with affordable or rent-controlled housing occupied during the preceding three years.
In addition, no new construction is permitted on land that is part of a historical district or that has been designated as a historical landmark.
Intended Use
The law emphasizes that new buildings are intended for residential use only and cannot be used for commercial purposes or short-term rentals.
Property owners must sign an affidavit stating that the housing units will be used as the primary residence by the homeowner or at least one of them for a minimum of three years following the property division.
This measure ensures that ADUs are constructed for long-term use.
Income
The latest ADU laws allow low to moderate-income earners to participate in the ADU construction process, providing financing options for building ADUs.
Amenities
In order for an ADU to be deemed safe and suitable for rental or living purposes, it must have specific amenities and facilities. Even if the ADU is spacious or expensive, it cannot be rented out without meeting these requirements.
The first essential criterion is that the ADU must have a separate entrance for privacy. Secondly, it must have at least a ¾ bath with a sink, toilet, and shower.
Thirdly, it must contain provisions for cooking, eating, sleeping, and living. Finally, the ADU must meet safety standards like fire alarms or fire sprinklers and insulation.
The Growing Trend of ADU Construction in California: Is it Time for You to Consider It?
As housing costs in California continue to rise, many homeowners are turning to Accessory Dwelling Units (ADUs) as a way to generate income or provide housing for family members.
With thousands of Californians already building ADUs, many homeowners are wondering if they should follow suit.
Here is what you should know!
Create a rental unit to generate income
Building an ADU can be an excellent way to generate additional income by renting out the space. Homeowners can use the rental income to help pay their mortgage or other expenses.
Provide space for adult children or elderly relatives
ADUs can provide separate living spaces for adult children, elderly relatives, or caregivers. This arrangement can offer privacy and independence while still allowing family members to live close to each other.
Downsize after the kids move out:
As children grow up and move out, many homeowners find themselves with more space than they need. An ADU can be a great way to downsize while still staying on the same property.
Increase property value:
Adding an ADU to a property can increase its overall value. This increase can be especially beneficial if the homeowner decides to sell the property in the future.
More affordable housing options for renters:
ADUs can offer a more affordable housing option for renters who might not be able to afford a larger apartment or house. This option can be especially attractive in areas where rental prices are high.
In addition to the aforementioned advantages, there are other factors that require consideration before constructing an ADU:
Cost of building an ADU:
Building an ADU can be expensive, so homeowners should carefully consider the costs of construction before proceeding. Costs can include permits, labor, materials, and other expenses.
Zoning and permit requirements:
Each city and county in California has its own regulations regarding ADUs, so homeowners should research local zoning and permit requirements before beginning construction.
Feasibility of building an ADU on your property:
The feasibility of building an ADU on a property can depend on many factors, including lot size, location, and existing structures. Homeowners should consider these factors when deciding whether to build an ADU.
Hiring a qualified contractor or architect:
Building an ADU is a significant undertaking, so homeowners should consider hiring a qualified contractor or architect to help with the design and construction process.
Long-term rental potential of the ADU:
If the homeowner plans to rent out the ADU, they should consider the long-term rental potential of the space. Factors to consider include local rental prices, demand, and the overall housing market.
The intended use of the ADU (rental, family living space, etc.): Homeowners should consider the intended use of the ADU when designing and building the space. If the ADU is meant for rental purposes, for example, the design and layout may need to be different than if the ADU is meant for family living space.
Conclusion
Building an ADU on your property can be a smart investment, offering numerous benefits and opportunities for homeowners.
However, it's essential to research local regulations and consult with experts to determine feasibility and cost. By understanding the ADU law in California, you can make an informed decision about whether an ADU is a right choice for your property and your lifestyle.