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ADU or In Law Suites Current California Laws




ADUs in California: A Game-Changer for Homeowners 🚀

The new laws in California have significantly expanded the possibilities for Accessory Dwelling Units (ADUs), offering homeowners a versatile solution for expanding living space and generating rental income. Here’s a breakdown of the changes and how you can build an ADU in 2024:

Key Legislative Changes:

  1. Expanded Setbacks: Assembly Bill 881 now allows ADUs to be built within four feet of property lines, offering more flexibility for smaller lots or properties with existing structures.

  2. Increased Size Limits: You can build an ADU up to 50% of your main house's size, with a cap of 1,200 square feet. Smaller properties can still have an 800-square-foot ADU and a Junior ADU (JADU) up to 500 square feet.

  3. Streamlined Approval Process: Approval times have been reduced from 120 days to just 60 days, making the process quicker and less stressful.

  4. No More Owner-Occupancy Requirement: Homeowners no longer need to live on the property to build an ADU, providing greater flexibility.

  5. HOA Limitations Lifted: Homeowners' Associations and neighborhood covenants can no longer restrict the building of ADUs, making it easier to expand living space.

  6. Impact Fees Waived for Smaller Units: For ADUs under 750 square feet, local agencies cannot impose impact fees, significantly reducing the cost of building smaller units.





Steps to Building an ADU:

  1. Planning and Budgeting: Determine your budget and understand local regulations. Some areas permit two-story ADUs up to 1,200 square feet.

  2. Designing Your ADU: Hire an architect to design your ADU. Submit these plans to the city for approval, and be prepared for some back-and-forth to meet all requirements.

  3. Getting Permits: After plan approval, obtain the necessary permits to begin construction.

  4. Hiring a Contractor: Choose a contractor with a solid track record in similar projects. Costs can vary, so find one that suits your budget and needs.

  5. Construction Phases: The construction process involves several phases, each requiring inspection and approval to ensure compliance with safety and quality standards.

  6. Certificate of Occupancy: Once construction is complete, a final inspection will be conducted. If everything is in order, you’ll receive a Certificate of Occupancy, allowing the ADU to be used as a living space.

Benefits of ADUs:

  • Increased Housing Availability: ADUs help address housing shortages by maximizing the use of existing properties, providing affordable options in high-cost areas.

  • Flexibility for Families: They offer a practical solution for housing aging parents or young adults, keeping families close while ensuring privacy.

  • Income Potential: Renting out an ADU can provide a steady income stream, helping offset mortgage costs.

  • House Hacking: Homeowners can use ADUs to generate rental income, a popular strategy known as "house hacking."

Conclusion:

Building an ADU in California has never been more accessible or beneficial. Whether for personal use or rental income, ADUs offer a valuable addition to your property. Make sure to consult with professionals and local authorities to navigate the process smoothly and take full advantage of the new regulations.

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