Wednesday, August 7, 2024

What Qualifies As An ADU In California?

An accessory dwelling unit, or ADU, is a separate living area on a property with a proposed or existing primary residence. ADUs, sometimes called granny flats or backyard cottages, are cost-effective housing options because homeowners can create new living spaces without buying property. Accessory dwelling units maximize space and expand housing options in existing neighborhoods.

An ADU is a versatile space that can be used as a home office, a guest house for family members to live or stay when they visit, or a rental property to earn passive income. California has relaxed ADU laws and streamlined the permit approval process to encourage building ADUs and creating more affordable housing.

ADU vs. JADU 

ADUs and junior accessory dwelling units (JADUs) are separate living spaces that fit into all kinds of neighborhoods, from suburban communities to city centers. There are a few types of ADUs, including detached, attached, and ADU conversions.

Detached ADUs are stand-alone units on the same lot as a proposed or existing primary dwelling. Attached ADUs connect to the main house and are generally added to the side or back of the house. Conversion ADUs, like garage conversions, involve transforming an existing space into a residence.

Unless there is a local ordinance that states otherwise, ADUs can be up to 1,200 square feet or 50% of the main home’s living area and must have their own kitchen and bathroom facilities. Depending on local regulations, ADUs may or may not need to include a parking spot.

Junior ADUs can be no more than 500 square feet and are allowed within the walls of a proposed or existing single-family residence. JADUs require an entrance separate from the main house and owner-occupancy of either the primary home or JADU. Junior ADUs do not need to include a parking space.

For fee purposes, JADUs are not considered new or separate housing, meaning no providers, including non-municipal providers, can charge fees for providing water, sewage, or power.

What’s the difference between an addition and an ADU in California?

Additions and ADUs add livable space to a property, but ADUs must meet different California building code requirements for a second dwelling unit.

Additions can be an extra bedroom, office, or game room within the primary residence. An ADU is an independent housing unit with a permanent kitchen and a minimum ¾ bathroom, including a toilet, sink, and shower. An ADU can be a room addition if it meets the requirements, but an addition isn’t an ADU.

Does an ADU increase property taxes in California? 

Building an ADU on your lot in California is developing your real estate and can increase your property value by up to 30 percent. As your property value increases, so will your property taxes.

California assessors treat ADUs like home additions and will complete a blended assessment. The assessment will only account for the new square footage; the assessor will not consider the existing home.

Your taxes will likely increase by 1 to 1.5 percent of the construction cost. So, if your ADU costs $250,000 to build, you might pay around $2,500 annually in additional property taxes.

ADU requirements in California

California ADU laws impose standard requirements for ADUs at the state level. Local governments may have zoning rules and adopt ordinances regulating ADUs. Understanding your municipality’s unique rules is essential before you start planning new construction.

Lot Size: There is no state minimum lot size requirement to build an ADU on your property, and local governments cannot impose minimum lot size requirements.

Unit Size:

  • All types of ADUs must be at least 150 square feet.
  • Detached ADUs can be a maximum size of 1,200 square feet unless there’s a local ordinance with a different size requirement.
  • Attached ADUs can be a maximum of 50% of the primary dwelling’s living area or 1,200 square feet, whichever is smaller. Again, this is dependent on local ordinance.
  • A one-bedroom ADU must be at least 850 square feet. A two-bedroom unit must be at least 1,000 square feet. Local agencies can adopt ordinances to set minimum and maximum unit sizes for ADUs so long as they meet these square footage requirements.

Bedrooms:

California state law does not allow a limit on the number of bedrooms in an ADU. Limiting the number of bedrooms can be considered discriminatory towards protected classes and impede the development of new ADUs. Local governments cannot adopt ordinances that impose bedroom limits for new ADUs. However, building code requirements still apply.

Amenities:

ADUs must have living, sleeping, and cooking provisions, including a permanent range with a stovetop and oven and at least a ¾ bathroom with a toilet, sink, and shower.

JADUs must have the same provisions, except they may share a bathroom with the primary house.

Height Limits

State ADU law does not impose a height limit on accessory units. Local governments can adopt ADU ordinances imposing height limits as long as the limit is no less than 16 feet for a single-story unit.

In conclusion, an ADU is a secondary dwelling unit with complete independent living facilities for one or more persons and generally takes three forms:

  • Detached: The unit is separated from the primary residential structure
  • Attached: The unit is attached to the primary residential structure
  • Repurposed Existing Space: Space (e.g., master bedroom or garage) within the primary residence is converted into an independent living unit

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