Remedy for Un-permitted Accessory Dwelling Units

The town shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2020, because, among other things, the unit is in violation of building standards or applicable accessory dwelling unit regulations, unless the Town makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. The checklist of corrections that would deem a building substandard are specified in Section 17920.3 of the Health and Safety Code and can be accessed from the link below.

To legalize the ADU, plans must be submitted showing either that the unit already complies with health and safety standards or how the unit will be brought into compliance with health safety standards. The plans must be prepared by a qualified professional who can draw construction drawings showing compliance with health and safety standards.

Before applying for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor or other design professional qualified to design as built construction drawings that comply with the Uniform Building Code and California Construction Codes to determine the unit’s existing condition or potential scope of building improvements (Gov. Code, § 66332, subd. (d)(2)). If, after applying for the building permit, the Town Building Official finds the unit does not comply with applicable health and safety standards, the Building Official can identify corrections that can be made to the plans and the unit. In that case, denial of the ADU permit will be delayed to enable the applicants to provide modified plans showing the corrections (Gov. Code, § 66332, subd. (f)). However, if the applicant is unable to show the unit can comply with health and safety regulations, the Town will be required to deny the permit. This does not preclude the Town from pursuing enforcement action on these violations, and an applicant may be required to make alterations or repairs accordingly. (Gov. Code, § 66332.)