What is an Accessory Dwelling Unit (ADU)?
An ADU is a small free-standing or attached structure that property owners can construct and lease as rental units. They are typically less than 1,000 feet and are often called "secondary units," "granny flats," "in-law suites" or "cottages."
What are the benefits of building an ADU?
Constructing an ADU can prove beneficial in the following ways:
- Adds overall value to the existing residence
- Offers homeowners the opportunity to generate extra income
- Has less of an environmental impact than other housing options
- Decreases the need to expand infrastructure (Ex. Roads)
- Allows neighborhoods to grow without drastically changing their overall character
What are the recently passed ADU bills that I should know about?
The following bills apply to property owners across California:
- AB-68 (Ting): Restricts how often a city can say no when a homeowner applies for permits to build ADU's that are less than 850 square feet in size and 16 feet in height. Homeowners will also have the option to add a second in-law unit on the property if there is space to build the unit at least 4 feet away from property lines. In other words, a single family home can turn into a triplex.
- SB-13 (Wieckowski): A combination of AB-68 and AB-881, SB-13 specifically addresses issues associated with high permit fees and other barriers concerning ADU development. SP-13 waives local impact fees on ADU's that are less than 750 square feet and will decrease fees for units that exceed that size. For 5 years, owners of ADUs are also no longer required to live in the main dwelling while renting out the ADU, allowing a landlord to rent out both the main and accessory unit.
- SB-330 (Skinner): Also referred to as the "Housing Crisis Act of 2019," SB-330 generally bans housing construction moratoriums, bars local governments from decreasing the amount of homes that can be built, and reduces the amount of time it takes to obtain a building permit.
What was once a time-consuming and financially burdensome venture for homeowners transformed into a simpler, more streamlined, and economical investment. Homeowners across the state will now face reduced barriers and greater opportunities with regard to ADU development. If you are a homeowner who is considering an ADU, check out our resources on renting out residential property.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
