California AB 2533 Makes It Easier to Permit Unpermitted ADUs

California has taken a significant step forward in addressing unpermitted accessory dwelling units (ADUs) with the passage of Assembly Bill 2533, signed into law by Governor Newsom on September 28, 2024.

This new legislation makes it easier for homeowners to legally permit ADUs and Junior ADUs that were built without proper authorization, while ensuring these units meet basic health and safety standards.

Key Changes to the Law

The new law expands and updates existing regulations in several important ways:

1. Extended Coverage Timeline: The law now applies to unpermitted ADUs and Junior ADUs constructed before January 1, 2020 (previously limited to units built before January 1, 2018).

2. Streamlined Permitting Process: Local agencies cannot deny permits for unpermitted ADUs solely because they don't meet building standards or local ordinances, unless there are specific health and safety concerns that would classify the building as substandard.

3. Fee Restrictions: Homeowners won't be required to pay impact fees or connection charges except when utility infrastructure improvements are necessary for health and safety compliance.

4. Protection from Penalties: Local agencies are prohibited from penalizing homeowners for having unpermitted units when they come forward to obtain proper permits.

What This Means for Homeowners

If you have an unpermitted ADU or Junior ADU on your property that was built before January 1, 2020, here's what you should know:

Steps to Legalize Your ADU

1. Pre-Application Inspection

   • Before submitting a permit application, you can obtain a confidential third-party inspection from a licensed contractor
   • This allows you to understand potential issues and necessary improvements without risk of penalties

2. Official Application Process

   • Submit your permit application to your local agency
   • A city inspector will examine the unit for health and safety compliance
   • You'll receive specific recommendations for any necessary improvements
   • The local agency must approve permits needed to correct any non-compliant issues

3. Complete Required Improvements

   • Focus on addressing health and safety standards
   • Work with licensed contractors to complete necessary upgrades
   • Maintain documentation of all improvements

Important Protections

• You cannot be penalized for coming forward to permit your ADU
• Local agencies must provide clear information about the process
• You're protected from excessive fees unless major utility infrastructure improvements are required
• The local agency must help you bring your unit into compliance rather than simply denying permits

When These Changes Take Effect

The law goes into effect on January 1, 2025. However, local agencies are required to begin preparing now by:

• Creating public information resources about the new requirements
• Developing checklists of conditions that would deem a building substandard
• Establishing processes for confidential third-party inspections
• Updating their websites with relevant information

Moving Forward

This legislation represents a significant opportunity for homeowners to bring their unpermitted ADUs into compliance without fear of penalties or excessive costs. If you have an unpermitted ADU, we encourage you to take advantage of these new provisions to ensure your unit is safe and legally permitted.