Here are a few laws that have been passed in California and will affect homeowners building ADUs in 2024 and 2025.
New Law - AB 1033 Homeowners may also create a Homeowners Association (HOA) between the primary residence and the ADU to manage the common p[property.
New Law - AB 976 Currently California ADU laws prohibit local agencies from imposing “owner occupancy” conditions on ADUs permitted between Jan 1, 2020, and Jan 1, 2025. Assembly Bill 976 extends the prohibition indefinitely, meaning local agencies cannot impose owner-occupancy requirements for new or converted ADU projects permitted after Jan 1, 2025.
New Law - AB 434 For plans to be pre-approved for use by applicants or other property owners in the future, cities must review and accept submissions for them, typically by an architect. Cities may choose to charge a fee to access the designs, and for processing, as well as for modifications required to meet property-specific requirements.
New Law - AB 2221 Requires all agencies involved with reviewing California ADU plans, including planning departments and utility companies, to respond within 60 days of submission of plans. This change reduces the time for application review and processing.
Previously, setbacks were reduced to four-foot side and rear yards. Now, California law states if a proposed ADU is less than 800 sq ft, the front setback requirement can no longer prevent the ADU from getting built. AB 2221 also amended the height restrictions.
New Law - SB 897 Prior to SB 897, homeowners were required to have unpermitted structures brought up to current codes, which made California ADU development slower and more costly. SB 897 removes these restrictions unless the unpermitted condition is a health or safety concern.
New Law - SB 897 Also addresses fire sprinklers. Fire sprinklers are no longer required for the main dwelling when permitting an ADU. However, they may be required for the ADU depending on the distance from a fire hydrant.
