Prior to the introduction of SB 897, homeowners were obligated to update any unpermitted zones to comply with current codes. This process hindered the progress of ADU development in California, making it both sluggish and expensive.
In the 2023 amendment, SB 897 has eliminated the constraints related to non-conforming zoning conditions, building code violations, or any unpermitted structures. These restrictions are lifted for unpermitted structures, provided they pose no safety or health risks. Furthermore, as per this legislation, fire sprinklers are no longer obligatory for the main house when proposing an ADU.
Reduced or No Impact Fees
Local authorities typically levy impact fees on new development projects to cover public service provisions like electricity, water, sewer, etc. Following the updated ADU laws, any ADU up to 750 sq. ft is exempt from paying these impact fees. For larger units, the fee is determined based on the square footage of both the ADU and the primary unit.
Non-Mandatory Owner Occupancy
The requirement for occupying the primary residence of an ADU no longer exists. This change permits individuals wishing to construct an ADU without residing in the main house. This flexibility benefits landlords and investors, offering more opportunities for property use and expanding housing options.
Amidst the amendments to ADU laws in 2022, Senate Bill 9 emerged as a focal point, particularly emphasizing duplexes and lot splits. This legislation comprises two significant sections:
Two-Unit Development: California homeowners are now permitted, under this bill, to construct two housing units on a lot originally designated for only one.
Urban Lot Split: Single-family residential lots can be divided into two separate areas, treated individually, as per the provisions of Senate Bill 9.
Additional noteworthy aspects of SB 9 include:
Projects developed must be designated for residential use.
The properties must be situated within urbanized areas.
Lot splits must adhere to minimum size requirements.
Lots split under SB 9 cannot be contiguous to each other.
It is crucial to be mindful that information related to SB 9 is subject to exceptions and restrictions that necessitate a thorough understanding.
Other salient changes encompass:
No obligatory requirement for a separate bathroom for an attached Junior Accessory Dwelling Unit (ADU) if one is already present in the main dwelling unit. Once an ADU permit is issued, withholding demolition permits is no longer permissible. The establishment of the California ADU Fund to aid eligible recipients. For individuals contemplating investment in ADUs in California, staying informed about the latest laws is imperative. Our adept property managers at BFPM possess up-to-date information on laws, regulations, and their implementation to guide you through the construction and maintenance of ADUs. Leveraging BFPM’s management strategies ensures the optimal development of your property, maximizing your potential profits.
BFPM facilitates expedited ADU plan reviews for both regular and Junior ADUs. Whether you intend to convert non-habitable spaces like basements, garages, or attics, our expertise in property management ensures a seamless process.
Count on our proficiency in property management to alleviate concerns about your investment returns. Contact us for inquiries regarding new ADU laws or any questions related to property management.