ADU Amnesty

AB 2533 allows owners of unpermitted ADUs built before January 1, 2020 to obtain permits to permanently legalize their ADU, while only meeting the requirements of Health and Safety Code (H&SC) 17920.3. This code section requires buildings to meet sanitary, structural, electrical, plumbing, mechanical, weather protection, approved material, maintenance, exit, and fire health and safety requirements. This incorporates the majority of the requirements in the California Building Standards Code. Under this bill, local ADU ordinances and California Energy Code and CALGreen Code requirements are exempted. If you have an unpermitted Accessory Dwelling Unit (ADU) or Junior ADU that was constructed before January 1, 2020, you can apply for a permit without a penalty.

Why Should You Legalize Your Accessory Dwelling Unit?

• Reduce possible unknown risks to occupants: Having the unit inspected for compliance with safety standards will provide a level of assurance for life safety, and minimize risks to the occupants.
• Reduce liability: In the event of a property loss or damage due to an event such as a fire or an earthquake, your insurance may not cover damages to unpermitted construction or illegal conversions of space to dwelling units.
• Peace of mind: Legalizing the will eliminate worries about liabilities or a code enforcement action against you.
• Add legitimacy when finding tenants: Prospective tenants' due diligence when researching your rental unit's status with the City can be documented as legally constructed/approved and can reduce potential penalties or fines.

Steps to Legalize an ADU Built Before 2020

1. Obtain a third-party code inspection from a licensed contractor to determine the unit's existing condition and any building improvements that may be necessary. The unit must not be considered substandard according to the conditions specified in Section 17920.3 of the Health & Safety Code. Any substandard conditions must be corrected as part of the permitting process. You can use Lafayette's AB 2533 Checklist for Property Owners to determine whether the unit complies with the Health & Safety Code.
2. Submit your ADU plans and AB 2533 Checklist to the Planning Department for zoning plan check. Please closely review our How to Get a Building Permit handout for detailed information on the permitting process.
3. Upon receipt, the Planning Department may schedule an independent inspection to verify whether there are any violations that need to be corrected.
4. Once the Planning Department approves the plans and issues an ADU Permit, you will need to apply for a Building Permit with the Contra Costa County Building Inspections Department.

ADUs Built After 2020

If you have an unpermitted ADU or JADU that was built or converted after January 1, 2020, you must follow the standard ADU Permit process to legalize the unit, and the unit must comply with all applicable state and local codes.