In plain words

An ADU (accessory dwelling unit) is a second, smaller home on the same lot as a house or apartment. A JADU (junior ADU) is a unit of up to 500 square feet built inside the main house.

State law sets the rules for every city and county. That includes charter cities, which run under their own local charter. Qualifying ADUs must be approved "by right," meaning staff check your plans against a fixed checklist. There is no public hearing and no vote. The town has 15 business days to say your application is complete. It then has 60 days to approve or deny it. If it misses that deadline, the law treats the permit as approved.

If local rules and your lot allow it, a typical single-family lot may add three units. They are one converted ADU, one JADU and one new detached ADU. The town can cap the detached unit at 800 square feet. Starting January 1, 2027, towns must allow two new detached ADUs. A town then does not have to allow a JADU as well. Apartment lots can add more.

Towns cannot make you live on the property to build or rent an ADU. The main exception is a JADU that shares a bathroom with the main house. ADUs of 750 square feet or less pay no impact fees. Those are one-time charges for things like roads and parks. Towns can still set rules on height, design and setbacks. A setback is the required distance from a property line. Those rules cannot block a modest unit.

You may rent out an ADU, but many must be rented for more than 30 days at a time. Selling an ADU on its own is allowed only under a city condo ordinance or a narrow nonprofit program.

The rules at a glance

State ADU lawYes
Where the state rule appliesAll cities and counties, including charter cities (Gov. Code §§66312, 66313). State ADU law also applies in the coastal zone, but it does not weaken Coastal Act resource protections, so coastal parcels may also need a coastal development permit (Gov. Code §66329). In the Lake Tahoe basin, HCD says Tahoe Regional Planning Agency rules override state ADU law where the two conflict.
Approved without a hearing?Yes. Qualifying ADUs are approved by staff review, without a discretionary hearing.
Kinds of ADU the state protectsinternal, attached, detached, JADU
ADUs per lotSingle-family lot: 1 converted ADU + 1 JADU + 1 new detached ADU (up to 800 sq ft) through 2026; from 2027-01-01, up to 2 new detached ADUs, but a JADU is not required where 2 detached ADUs are built. Apartment lot: conversions of non-living space equal to at least 1 and up to 25% of existing units, plus up to 8 detached ADUs (not more than the existing unit count) or 2 if the apartments are only proposed. SB 9 lot-split parcels: 2 units total including ADUs.
Owner living on siteTowns can’t require the owner to live on the property.
ParkingAt most 1 space per ADU or per bedroom, whichever is less, and it can be tandem on a driveway. No parking may be required within a half-mile walk of public transit, in historic districts, for units inside an existing or proposed house or accessory structure, where a car-share vehicle is within one block, where on-street permits are not offered to the ADU tenant, or when the ADU is applied for together with a new house or apartment building on the lot. Garage or parking spaces removed for an ADU never have to be replaced. JADUs and state-guaranteed (§66323) units need no parking.
SizeTowns may set a maximum size but it must allow at least 850 sq ft of interior livable space (1,000 sq ft for more than one bedroom), and no rule may block an 800 sq ft ADU with 4-ft side and rear setbacks. Without a valid local ordinance, detached ADUs may be up to 1,200 sq ft and attached ADUs up to 50% of the house. State-guaranteed detached ADUs can be capped at 800 sq ft. JADUs: up to 500 sq ft inside the house. Minimum size cannot ban an efficiency unit (as small as 150 sq ft).
Lot size and setbacksNo minimum lot size. Side and rear setbacks for new ADUs cannot exceed 4 ft; none for conversions or rebuilds in the same footprint. Front setbacks, lot coverage and floor-area limits cannot block an 800 sq ft ADU. Heights: towns must allow at least 16 ft for detached ADUs, 18 ft within a half-mile of major transit (plus 2 ft for matching roof pitch) or on a lot with a multistory apartment building, and 25 ft (or the house limit if lower) for attached ADUs.
FeesNo impact fees (including park fees) on ADUs of 750 sq ft or less or JADUs of 500 sq ft or less. Larger ADUs pay proportionally to the main house; from 2027-01-01 (SB 1117), only the space above 750 sq ft is charged on lots with up to two ADUs. Units under 500 sq ft of interior space are exempt from school impact fees. Conversions and JADUs cannot be charged new utility connection or capacity fees unless built with a new house; other ADUs pay connection fees in proportion to their burden.
Short-term rentalsState-guaranteed (§66323) ADUs and all JADUs must be rented for more than 30 days if rented. For other ADUs, towns may require rentals of 30 days or longer. ADUs may be rented separately but generally not sold separately unless a local condo ordinance (§66342) or the nonprofit path (§66341) applies.
Can towns opt out?No

What to do next

  1. Find your city or county ADU web page and its list of preapproved ADU plans; every California city and county had to create a preapproved-plan program by January 1, 2025, and those plans get a 30-day decision.
  2. Check whether your lot is in the coastal zone, a very high fire hazard area, a historic district, the Lake Tahoe basin, an HOA, or on a septic system, since each can add steps or limits.
  3. Pick the type that fits: a garage or space conversion, a JADU inside the house, or a new detached unit. Staying at or under 750 sq ft avoids impact fees, and 800 sq ft or less keeps a detached unit in the state-guaranteed category.
  4. Submit a complete application and write down the dates. The town has 15 business days to confirm it is complete and 60 days to approve or deny it, and a denial must list every problem and how to fix it.
  5. If your town stalls, denies you without a clear reason, or applies rules that seem to conflict with state law, use the local appeal process, then ask HCD for help through its online ADU Portal.
  6. If you already have an unpermitted unit built before 2020, ask about legalization under AB 2533; you can hire a licensed contractor for a confidential inspection before you apply.

Grants, loans and tax breaks

  • CalHFA ADU Grant Program: Reimbursed up to $40,000 of predevelopment costs (plans, permits, soil tests, impact fees, surveys) for income-qualified owners. Closed: CalHFA says the last round was fully allocated on December 28, 2023, and no new round is open. Program page
  • State fee exemptions and preapproved plans: Not a grant, but state law waives impact fees for ADUs of 750 sq ft or less and JADUs of 500 sq ft or less, and requires every city and county to offer preapproved ADU plans with a 30-day decision. Program page
  • HCD local funding programs: HCD's ADU Handbook says the CalHome Program, the Permanent Local Housing Allocation, the Prohousing Incentive Program and the Local Housing Trust Fund program can fund ADUs and JADUs. Local agencies apply for this money; homeowners get help through their city, county or a nonprofit, not directly from the state. Program page

What your town still decides

Cities and counties approve ADU permits through a ministerial (checklist) review: 15 business days to decide if an application is complete, 60 days to approve or deny, and the permit is deemed approved if they miss the deadline. A town may adopt its own ADU ordinance with objective design and development standards, may be more generous than the state (e.g., bonus programs), and may limit where ordinance-based ADUs go only for water, sewer, traffic or safety reasons. It may not touch the state-guaranteed §66323 units. Ordinances must be sent to HCD within 60 days or they are void, and HCD can find an ordinance out of compliance and refer the town to the Attorney General. HOAs may impose only reasonable objective rules with no fees. Coastal parcels may also need a coastal development permit, which must be decided within 60 days or it is deemed approved. Separately, SB 1196 (Stats. 2026, Ch. 684) has the state utilities commission set deadlines, by September 30, 2027, for electric utilities to process small hookup jobs such as a new meter; it does not name ADUs, but most ADU electrical connections fit that category.

Examples of local rules

  • Los Angeles (city): ADUs and JADUs are regulated under LAMC §12.22 A.33. The Building and Safety department runs a Standard Plan Program: private architects get ADU designs pre-checked by the city, and homeowners who buy one of those plans get a much shorter plan check. Source
  • San Diego (city): Runs an ADU Home Density Bonus that allows extra 'bonus' ADUs when the owner also builds deed-restricted affordable ADUs. Under the current code (9-2026 edition), single-family lots are capped at 4 to 6 total ADUs and JADUs depending on lot size, lots outside the city's transit-based Sustainable Development Area get at most one bonus plus one affordable ADU, bonus and affordable units need fire sprinklers, and lots in High or Very High fire hazard zones must front a street with two evacuation routes. Source
  • San Francisco: Offers two paths. The state program is ministerial with a 60-day review and no appeals. The local program uses planning review, and its units fall under rent control. ADUs cannot be used in the city's short-term rental program, and a 2025 ordinance opened condo conversion to certain ADUs. Source
  • Oakland: Allows a JADU, a conversion ADU and a new attached or detached ADU on single-family lots, with extra limits in high fire risk areas. Offers pre-approved plans for faster, cheaper permits and promotes legalization of older unpermitted units under AB 2533. Source

What we’re still confirming

  • Two new laws, AB 956 and SB 1117, take effect January 1, 2027, and state guidance on them isn't out yet, so details like how the two-detached-ADU rule works with local rules may change.
  • For lots with three or more ADUs, how SB 1117 charges fees should become clearer once the state housing department publishes guidance.

Laws, bills and citations

Sources

  1. AB 956 (2025-2026), Stats. 2026, Ch. 791; amends Gov. Code §66323 and Civ. Code §§714.3, 4751 · official source
  2. SB 1117 (2025-2026), Stats. 2026, Ch. 809; amends Gov. Code §66311.5 · official source
  3. AB 462 (2025-2026), Stats. 2025, Ch. 491; amends Gov. Code §§66328, 66329 · official source
  4. SB 543 (2025-2026), Stats. 2025, Ch. 520; amends Gov. Code §§66311-66339.5 (renumbers 66324 to 66311.5, 66327 to 66313.5, 66332 to 66311.7) · official source
  5. AB 1154 (2025-2026), Stats. 2025, Ch. 507; amends Gov. Code §66333 · official source
  6. SB 9 (2025-2026), Stats. 2025, Ch. 510; amends Gov. Code §66326 (not the 2021 lot-split law of the same number) · official source
  7. AB 130 (2025-2026), Stats. 2025, Ch. 22 (housing budget trailer); amends Civ. Code §714.3 and Gov. Code §66323 · official source
  8. AB 2533 (2023-2024), Stats. 2024, Ch. 834; Gov. Code §66311.7 (formerly §66332) · official source
  9. SB 1211 (2023-2024), Stats. 2024, Ch. 296; amends Gov. Code §§66313, 66314, 66323 · official source
  10. SB 1077 (2023-2024), Stats. 2024, Ch. 454 · official source
  11. AB 3057 (2023-2024), Stats. 2024, Ch. 210 · official source
  12. SB 477 (2023-2024), Stats. 2024, Ch. 7; creates Gov. Code §§66310-66342 · official source
  13. AB 976 (2023-2024), Stats. 2023, Ch. 751; Gov. Code §66315 · official source
  14. AB 1033 (2023-2024), Stats. 2023, Ch. 752; Gov. Code §66342 · official source
  15. AB 1332 (2023-2024), Stats. 2023, Ch. 759; Gov. Code §65852.27 · official source
  16. AB 434 (2023-2024), Stats. 2023, Ch. 740; amends Gov. Code §65585(j) · official source
  17. AB 2221 and SB 897 (2021-2022), Stats. 2022, Ch. 650 and Ch. 664 · official source
  18. SB 9 (2021-2022), Stats. 2021, Ch. 162; Gov. Code §§65852.21, 66411.7 · official source
  19. AB 345 (2021-2022), Stats. 2021, Ch. 343; Gov. Code §66341 · official source
  20. AB 3182 (2019-2020), Stats. 2020, Ch. 198 · official source
  21. AB 68, AB 881, SB 13 (2019-2020), Stats. 2019, Ch. 655, 659, 653 · official source
  22. AB 670, AB 671, AB 587 (2019-2020), Stats. 2019, Ch. 178, 658, 657 · official source
  23. HCD Accessory Dwelling Unit Handbook (updated March 2026; covers laws effective January 1, 2026) · official source · checked 2026-10-03
  24. HCD ADU Handbook page · official source · checked 2026-10-03
  25. HCD Accessory Dwelling Units page · official source · checked 2026-10-03
  26. HCD ADU resources page (Coastal Commission SB 1077 guidance, partner materials) · official source · checked 2026-10-03
  27. Gov. Code §66311.5 (fees) · official source · checked 2026-10-03
  28. Gov. Code §66314 (ordinance standards, parking, setbacks, sizes) · official source · checked 2026-10-03
  29. Gov. Code §66315 (no owner-occupancy requirement) · official source · checked 2026-10-03
  30. Gov. Code §66317 (completeness, 60-day decision, deemed approved) · official source · checked 2026-10-03
  31. Gov. Code §66321 (size and height floors) · official source · checked 2026-10-03
  32. Gov. Code §66322 (parking exemptions) · official source · checked 2026-10-03
  33. Gov. Code §66323 (state-guaranteed ADU combinations) · official source · checked 2026-10-03
  34. Gov. Code §66333 (JADUs) · official source · checked 2026-10-03
  35. Gov. Code §66341 (nonprofit separate sale) · official source · checked 2026-10-03
  36. Gov. Code §66342 (condo sale ordinances) · official source · checked 2026-10-03
  37. Gov. Code §65852.27 (preapproved ADU plans) · official source · checked 2026-10-03
  38. Gov. Code §66411.7 (SB 9 urban lot splits) · official source · checked 2026-10-03
  39. Gov. Code §65852.21 (SB 9 two-unit developments) · official source · checked 2026-10-03
  40. AB 956 (2026) bill page and text · official source · checked 2026-10-03
  41. SB 1117 (2026) bill page and text · official source · checked 2026-10-03
  42. AB 2127 (2026) bill history · official source · checked 2026-10-03
  43. AB 1055 (2025) bill text · official source · checked 2026-10-03
  44. Governor's office: housing bills signed September 29, 2026 · official source · checked 2026-10-03
  45. Senate Housing Committee 2025 Legislative Bill Summary · official source · checked 2026-10-03
  46. Senate Housing Committee 2024 Legislative Bill Summary · official source · checked 2026-10-03
  47. Senate Housing Committee 2023 Legislative Summary · official source · checked 2026-10-03
  48. California Coastal Commission SB 1077 ADU guidance page · official source · checked 2026-10-03
  49. CalHFA ADU Grant Program · official source · checked 2026-10-03
  50. LA Building and Safety: ADU page · official source · checked 2026-10-03
  51. LA Building and Safety: Standard Plan Program · official source · checked 2026-10-03
  52. San Diego Municipal Code Ch. 14, Art. 1, Div. 3 (§141.0302), 9-2026 edition · official source · checked 2026-10-03
  53. San Francisco Planning: Accessory Dwelling Units · official source · checked 2026-10-03
  54. City of Oakland: Accessory Dwelling Units · official source · checked 2026-10-03
  55. SB 1196 (2026) bill status: Ch. 684, approved September 27, 2026 (utility energization timelines) · official source · checked 2026-10-03
  56. AB 1154 (2025) bill status: Ch. 507, approved October 10, 2025 · official source · checked 2026-10-03
  57. California YIMBY: SB 1211 signing statement (September 19, 2024) · checked 2026-10-03

This is general information, not legal advice. Your town, village, city or county decides what can be built on your property. If something here looks out of date, email the team.