BREAKING NEWS: 2023 is bringing BIG changes for ADUs
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- Опубліковано 10 лип 2024
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Last week, Governor Gavin Newsom of California has signed several new bills that will greatly improve ADU and general housing regulations.
If you’ve had your hand on the ADU pulse for the last couple of years, you’ll remember the six amazing bills that massively improved ADU regulations in 2020, and it feels like we’re reliving that moment all over again.
From height restrictions to setbacks, these are changes that are going to greatly improve homeowners’ experiences in building their dream ADUs.
Let's take a quick look at each of the new bills:
0:50 AB 2221: Permitting process improved; max height restrictions expanded; front setbacks are now state exempt
5:04 SB 897: Unpermitted work on your property can no longer prevent you from building an ADU *UNLESS the unpermitted work is a health or safety concern; demolition permits are guaranteed; Group R is no longer triggered
7:23 AB 916: Interior spaces can now be converted into a bedroom
8:00 AB 157 CalHFA to convene a working group
ADUs are a treasure trove of amazing benefits that we think every family across the country could benefit from. Also called granny flats, casitas, in-law suites, and even laneway homes, these mighty units have been popping up everywhere thanks to recent legislation changes.
But, what the heck is an ADU?
WHAT IS AN ADU?
ADU stands for accessory dwelling unit. An ADU is a permanent additional housing structure built on a property that already has a main home or main structure. You may have heard them referred to as granny flats, casitas, guest houses, or in-law suites. They can be built on a single-family lot or multi-family lot (duplexes count as multi-family).
HOW TO START YOUR ADU
First step is checking your local ADU regulations to get a basic understanding of what you are or aren't allowed to build. However, you don't have to become an expert! Ideally, your designer should already have a deep understanding of your city's regulations.
Once you have that covered, you'll want to get pre-approved by a lender. There are few things more heartbreaking than having your designs and permits in hand only to find out that you don't qualify, so talking to a lender very early on in the process is a great idea.
Got that all squared away? Next comes the fun part. Tell us a bit about your ADU dreams and goals, and we'll get started handpicking your perfect designer and general contractor matches. You can get started here: app.maxablespace.com/start/
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I am amazed at how different the ADU requirements are from city to city. San Diego allows you to have a zero lot line on both sides and rear, but will not allow you to build in the front yard. They also have a two-story limit regardless of whether it’s attached to the house or not. The second story is always a 4 foot minimum setback from the property line where it has the first floor cannot have any door or window openings if it’s at a zero lot line. That is a 3 foot setback requirement. this of course is for a 1200 square-foot maximum separate unit. If it’s attached to the house you can call it a JR ADU but it has to be below 500 ft.². You’re also allowed to do both on a property provided you are within your FAR, floor area ratio
Thanks for sharing! It's true - California makes the rules, but it's up to each jurisdiction to clarify the specifics and nuances.
You will not be approved in 60 days unless it is a very simple project. More typical is as follows. 99% are called "corrections" in the plan check. I have been designing residential projects for over 30 years
1) Submit to the "planning department" with a plot plan to approve the overall scope of the project. Setbacks, easements, etc. (2 weeks)
Thanks Caitlin. The best video on the new ADU ordinances. I'm all caught up. Keep up the great work. 👍
Outstanding ADU updates!!
Great video!
Thank you very much for all these information.
great video! thanks a lot!
There should be a bill, when building a 2 floor 1200 sf adu, the stairs shouldnt take the SF for the living apace
We second that! That would make for an excellent regulation change.
One step closer to build my adu
Nice!
Same.. yes indeed!
Great video!!!!!
What if I have a single story dulpex connected by two, one car garages. Can I build a two story unit in place of the garage while leaving the other two units, one story?
I have an attached garage and want to build jadu above it. The height measurement is from foundation to ceiling of second floor or roof. I want to know where the measurements are takin from thank you
Great video! Do you know if anything is coming up in 2023 in terms of SB9 lot splits in LA?
Under 10-minutes...Efficient✨👌🏽
This is terrific news! My garage was converted (Unpermitted) into a bedroom many years back. Im relieved to learn that it wont be the issue I thought it would be. If Im planning to build a detached ADU myself (with my adult sons), do I have to have professional renderings of my plan to give to the San Diego permitting agency???
That's great news!
You don't need renderings of your project, but you will need a full permit set. They can be pretty lengthy, so we highly recommend hiring an ADU designer or architect to create them and submit to the city for you. You can check out this blog to see what goes into a full permit set maxablespace.com/what-are-adu-permit-sets-construction-drawings-explained/
New York needs favorable ADU laws
Good video, but completely wrong regarding home sprinklers. They are absolutely designed to extinguish a fire in the incipient stages (beginning stage) before it grows. Each head typically puts out about 20GPM which easily accomplishes this. Second, they are not triggered by smoke. That would make zero sense and no one would ever install them. They are triggered by heat sensors typically, and that varies with occupancy load and type. Usually over 140 degrees.
Having worked for a city and taking building plans for plan check and issuing permits, the 60 days is bs. I now work in commercial construction, why should ADUs be placed in the que in front of my projects.
Ive been waiting three years in Long Beach
Hi Caitlin, we are building a new detached ADU in our backyard. The architect design 130 amps for the 620 sq. ft. ADU, but the city informed us that the CA Energy code specified 200 amps for all new construction. I would like to check with if anyone receive different information. Thank you!
A 200 amp minimum service panel is a typical of new install main panel. What your architect included in your plans is called a load calculation. not an engineered design. We only include the calculation for electricians and building plan-check to let them know the design does not exceed the minimum panel size..
I have been designing for over 3 decades Minimum panel sizes were (50 amp to 60, then to 100amp then move to 125amp now 200amp. We can see the trend in your minimum panel is designed for the future.
Hi. Thanks for the latest on the 2023 ADU laws! I was wondering how SB 897 might impact Yuba County's requirement stating that if the primary residence has fire sprinklers, then your ADU must have them also. We have a primary residence built in 2014 with fire sprinklers and want to add a detached 700 Sq Ft ADU above a 2-Car garage (both proposed). The county is saying we need fire sprinklers in the ADU because they are in the existing house. Does the new law only apply to waiving a fire sprinkler requirement for the primary residence? Any feedback is appreciated. Thanks in advance!
La county requires if you cannot pull drag a fire hose around a detached an ADU max distance 150 ft. If existing non conforming setback is less than 4-5 ft then the fire department might trigger having to fire sprinkler the detached ADU.
Are ADU’s only allowed behind the property ? If my front yard is way bigger than my back yard.
Hi. Thank you so much for the informative video. I have a rather long-winded question I hope you might be able to help me with.
I would like to convert/rebuild the footprint of a very old 20’x 20’ garage in the back corner of my Oakland, CA property into an ADU. Two of the garage walls run along the property line. I would like to expand the footprint to create a larger ADU, potentially building out the walls to say 25’ and also creating some loft space to take advantage of the new 18’ height allowance you mentioned. My concern is that if I extend the walls and I am no longer staying within the original footprint, does that mean I then need the structure to be set back 4’ from the property line on those two sides? This requirement would make building anything close to 800 sq ft a complete impossibility and the project would be a complete non-starter. Would my circumstance be an AB2221 exception, thus allowing me to extend my garage walls in order to complete an ADU build? Is that decision subject to local jurisdiction? Is that something I can simply just ask them if they would allow before I invest time and money in hiring an architect?
Thanks for your help!
Hello! This sounds like something we can definitely look into for you in our ADU Planning Calls. You can sign up for a 25 minute call here app.maxablespace.com/start/
On the AB 897.... does it apply to unpermitted that's done which will be converted to the Adu building? Or unpermitted work elsewhere on the property not attached to the Future adu?
Looking to purchase a home in southern Cal. There is an existing detached "Granny Flat" or "Guest House" built in the 80's. Craftsmanship looks good and is to be within compliance of building code at time of building. Unfortunately, it is listed as unpermitted, can I submit plans to lawfully make it an ADU and use existing property and square footage? Good video. Thanks.
Can the 40k grant be used for a jadu? Or just a detached adu?
Hi, thanks for this great video. My question is can I convert my attached garage to a bedroom? I already have a detached ADU I built. Thanks.
It depends on your jurisdiction, however, if you live in California, you are allowed to have one detached AND one attached ADU. So, you could convert your garage into another ADU if you choose to.
Quick question, do we still need the 10 feet between the existing house and The detached ADU? Thanks I do appreciate what you do.
I believe that is required for fire safety regulations
That’s why we need more State.
Your postings are very helpful. Question: I live in Toluca Lake 91601. Can I convert my detached garage into an ADU for short-term stays like AIRBNB? I heard only attached garages are now eligible for rental for short-term stays. Detached ADUs can only be rented out long-term or full time. Hope you can answer this kind of technical question. Keep up the great work! Thanks!
Hello! From our research, ADUs cannot be rented short-term (less than 30 days) in Los Angeles regardless of the ADU type. If you're looking for flexibility with renting your ADU, we highly recommend renting to traveling nurses or professors who are looking for leases lasting 1-6 months.
I have a 2 story property that used to have the second floor as the primary and the downstairs was sort of storage and a carport. Is there anything new in 2023 that would allow the ADU to exceed the 50 % of the main house. So that I can enclose downstairs and make it and ADU sq.ft is about 950 up and 850 downstairs.
You can convert any permitted accessory structure, like a garage or carport into an ADU. So looks promising that there is something workable there!
Does the front setback part of AB 2221 mean that the homeowner will now be able to put the ADU *in* the front setback? I'm hearing different things. Some people say, no no the ADU has to be in the back yard, but I can't find that in the law. What is the effect of "a local agency shall not establish by ordinance...limits on ... front setbacks... for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit," if it doesn't mean that the ADU can go in the front setback? What would be an example of a limit on front setbacks that prevented an ADU?
The problem with the wording of legislation is that a local agency can argue that they are not preventing "an 800 sq ft", but rather, they are only preventing "the specific ADU proposed by the homeowner". Essentially, the homeowner has the option of creating an 800 sq ft ADU in a number of different ways like converting an existing space in the primary and as long as those options are available, local agencies can argue that they're not technically preventing you from building. So essentially it's going to be up to the cities to decide how they enforce the new language, but we're hoping for a revision in the next round of bills.
@@Maxable Right-but what if all the setbacks taken together ARE preventing an 800 sq ft unit? They are on my lot; there's no way, with the setbacks I have, that I could make an 800 sq ft ADU.
I am planning on building an ADU over a new detached garage. The garage is to replace the existing attached garage which will be demolished. Would this configuration be considered an "attached" ADU, allowing 25 ft in height or does it still fall under a detached ADU with an 18 ft height limit?
Unless the ADU is attached to your primary home it would not be considered attached.
Hi Caitlin, I have a 2500 sq/ft mix use lot in san bruno about 10 mins walk to train station. Do any of these changes will allow me to build a residential or mix use property without parking requirements?
Hi Alex! It sounds like you may be within half a mile from public transit, so if you decide to build an ADU, you will not need to have additional parking.
Thank you for the video. Question: Is there a way to use any grant or resource to purchase a property with the intent to add an ADU and make it your primary residence? Thanks again. I'm in northern California.🏠
At the moment, not that we're aware of.
Which law (and paragraph) can I reference to my local jurisdiction so they can approve an ADU in the Front yard with a front setback of 5’?
HCD Handbook is a great start, page 16 specifically www.hcd.ca.gov/sites/default/files/2022-07/ADUHandbookUpdate.pdf
Just keep in mind that these state exemptions ONLY apply if the city feels that an 800 sq ft ADU is not possible in any other instance. For example, if you have enough room in your backyard for an 800 sq ft, the city can deny your plans for a front ADU. Feel free to reach out if you need further assistance maxablespace.com/
just a clarification. so i can build a 2 story ADU even our zoning is 1 story houses? as long im 1/2 mile away from pubic transit like a bus stop?
100%!
Is the height measured from finish grade or the sill plate?
@@Maxable what if the city has told us no we cant have a two story? can we redo our plans and resubmit them they will have to accept?
Hi. New to the channel and revisiting putting an ADU on my property. I was interested in another property that has more than enough space for several ADUs. Is a Demolition Permit necessary for an existing parking lot?
That will depend on which jurisdiction you're in, but most likely yes.
@@Maxable city of Sacramento
I have a garage permitted as a Rec room in Los Angeles county. How can I get a permit to make changes for a permitted ADU?
You'll have to have a designer draft a full permit set and submit to the city for you. We know quite a few designers in LA that specialize in this type of project that we'd be happy to connect you with. You can book a call with a free ADU Agent here app.maxablespace.com/start/
In San Diego I was planning on building a garage in back with only a 5’ setback in the rear then getting another permit to build a 400 sq’ ADU above the garage…this was 2019…can I still do this?
Thank you
You sure can! State law requires 4 ft side and rear setbacks, so you'll be in the clear. Let us know if you need a designer or builder maxablespace.com/
@@Maxable thank you
I put a kitchen in a room and inclosed large porch area with French door. Had a Original separate entrance. Make a great in-law quarter with two two bath. House is 3000sqft.
Originally 5beds. Can I get a after build permit?
To clarify, you're looking to legalize your unit? If you're in California, you have until 2025 to legalize your ADU without facing any fees with the city, so yes, you can still get permits. You'll likely have to hire a designer to draft the plan set for the city. We'd be happy to connect you to a designer or architect if you need recommendations app.maxablespace.com/start/
@@Maxable Thanks for your response. I've researched with San luis obispo city restrictions. I have to always owner occupy. Can't rent separately. And sell to only owner occupy buyer. I own another SFR in the city I'd like to split and develop to full potential. Best for my situation is rent out the house 5 bdrm 4 bath 3k Sq ft.
Move to my smaller rental.
While I split and develop.
Some designer draftsman don't know all regulations.
Or do not disclose certain regulations.
Do you know if it's allowed to build an ADU before a main house?
Whatever steucture u build first, your 2nd structure must not exceed the 1st
A lot of times the designers and architects take a long time too.
Can this stand up to a homeowners association? I want to put an ADU on my property, however, my HOA said no I cannot do this but can I fight this and it stand up because this is a law? Please reply! Thank you 🙏
HOAs were actually addressed in AB 670 released in 2020! While HOAs are still allowed to establish guidelines such as minimum and maximum unit sizes, they are not allowed to prohibit a homeowner from adding an ADU on their property.
Hello 👋 😊❤
How come California is the only state that issues a $40, 000 grant for help with building an ADU? I'm in Georgia and cannot find free assistance anywhere. I'm a senior and I'm looking to have one constructed if all goes according to plans.
We asked the same question! Hopefully other states see how beneficial ADUs are for families and take action soon to make it easier for homeowners to build them.
See if your Local Council on Aging has resources?
AARP has some cool work in the ADU space too!
What about in Alabama. Are we good to go to build in Alabama ..?
Because we're a Socialist state that egregiously over taxes its citizens, which then makes them flush with cash to gift out as they see fit😂🙆😭💰
If building a 2 story adu, can each floor be separate units?
Technically no, but there are some loopholes you can take advantage of. This client of ours did what you're describing. The unit on bottom houses Victoria's mother, and the top unit is used for guests. Both have their own bathroom, bedroom, and kitchen, but the bottom kitchen is considered a "wetbar". We have the floor plans available for download in the description if you'd like to check it out! ua-cam.com/video/lBihfpAgEz8/v-deo.html
Does anyone know if they have this in Canada too?
Hello 👋 😊❤
@@alfredleo5128 Do I know you?
It’s nice meeting you here…. I’m Alfred from Tampa Florida USA, currently in Sana’a Yemen for work and you?
The city of Roseville is not allowing two story 18’ tall two story ADU. Also seems like Roseville doesnt honor the new state guidelines?
The city has no choice. They must follow state guidelines, so if you find that they're not honoring the new laws, you can reach out to HCD. They're in charge of making sure cities are following state guidelines.
@@Maxable really? Who is HCD? Housing ……?
I finished my adu. I'd like to feature it on your channel
We'd love to feature your project! Email contact@maxablespace.com to discuss the process.
Hello, great news. I do have a question. An attached ADU can be 25' high, what if a city has an existing ordinance that requires public hearing on all 2 story structures, and any structure over 800 sq. ft, will the ADU be subject a public hearing?
State law overrides all city regulations so a public hearing shouldn't be required for the height, but a structure over 800 sq ft might. We'd be happy to look into this further in an ADU Planning Call! app.maxablespace.com/start/
If you are paying property tax on assessed home value of $200k and the ADU build is assessed at $200k your property taxes will double forever so, for me, I chose to not build the ADU.
We go into how ADUs affect property values here! ua-cam.com/video/Gn2J6cOcjvU/v-deo.htmlsi=lK9MizmG0T-s7aGE
Hi! When will the new regulation take effect?
Hello! Most will go into effect January 1st 2023.
ADU Constructuon is going to destroy many neighborhoods. Primarily low income. Crowding, fighting for parking, and less privacy.
ADU's FO NOT have to be EXPENSIVE like your associates said they have to be....I am in IDAHO, he lives in my hometown.
Again, ADU's can be very INEXPENSIVE not EXPENSIVE like this channel says they are.
In Idaho, yes, ADUs typically will cost less to build, but in California, where labor costs are much higher, we see costs starting at about $130k. Doing some of the construction work yourself, may bring the cost down a bit, but for most people, they will need a general contractor.
Video plunges into subject matter without identifying which state, within USA, has passed SBs (Senate bills) & ABs (Assembly bills) related to housing. The video host name, Maxable, does not give a clue; that name could work in any state or accross several states or even Canada, for example. Toward the end of video, we hear/see CalHFA so hmmmm, Cal = California, yes? But there are typos within the video's captioning-script (example: the verbal info, "unpermitted" is shown in caption as 'unpermanent'). So how does someone even know if CalHFA is the right acronym, or a scripting error? The presenter talks about a link "below" for the actual bills discussed. Really? All I could see to click on was the MaxableSpace URL. I did click, and on that homepage, there was no verbiage or graphic to identify California (or some other state) as the context for the website content. The content decisionmakers could do better going forward, so anyone browsing the Internet feels clued in from the get-go: is this content geographically relevant for me, or not? And while at it, why not clean up the captioning so wording is accurate, not misleading or confusing; the resulting clarity will be more professional and offer more value to those viewing the UA-cam video content and/or associated website. My 2 cents and yes, I'm living in California and have experienced home ownership and project development in other western states.
Noted! Yes, this is for California. We mentioned it in the first couple seconds of the video, but we've taken your feedback into consideration and have made it more clear in the description as well. The blog that has more information is the third link down in the description. I'll link it here as well. maxablespace.com/adu-bills-2023/
She says California, in the first 5 seconds of the video. Also, captions are automatically done by UA-cam, misspelled words are due to UA-cam trying to determine the words using automated systems, thats not the video creators fault.
Hello 👋 😊❤
Your TV is entirely too high and must be miserable to watch. That sucks :(