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Assembly Bill 2533

What is Assembly Bill 2533?

California Assembly Bill 2533 (AB 2533), enacted in September 2024 and effective January 1, 2025, establishes an amnesty program for unpermitted Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) constructed before January 1, 2020. This legislation aims to facilitate the legalization of these units, thereby increasing California's housing stock while ensuring safety and affordability.

To pursue legalization of an ADU or JADU with a code violation, please use the Senate Bill 13 program.


Application & Inspection Requirements

  1. Gather documentation verifyting that the ADU or JADU was constructed/converted before January 1, 2020. The construction/conversion date may be established with one or more of the following forms of documentation:
    • The County Assessor’s initial date recognizing the unpermitted dwelling unit
    • Escrow documents identifying the unit and the year of construction
    • Prior official Building, Planning, or Code Enforcement records of the unit
    • Real estate transfer disclosure forms for unpermitted unit

    If the above information is not available then a combination of the following can be utilized to establish the construction/conversion date:

    • Insurance documents
    • Notarized letters from previous owners or tenants
    • Other documents will be considered on a case by case basis
    • Photos dated, showing approximate time of construction

    If you have questions about this, schedule an appointment to meet with Zoning Counter staff.

  2. Verify that no open Code Enforcement or other departmental violations are present for the ADU or JADU. 
     
  3. If your parcel is served by an Onsite Wastewater Treatment System (OWTS), such as a septic system, schedule an appointment with Environmental Health to confirm requirements.

  1. A Licensed Contractor must complete the AB2533 Substandard Housing Checklist - PLG264.  This checklist will need to be submitted accompanying the plans, for verification and review.
     
  2. Any substandard or noncompliant items identified by the Substandard Housing Checklist shall be addressed in the submitted plans.

Your application will be composed of three files: Application (APP) file, Plans (PLN) file, and Supplemental (SUP) file. The typical content of each file type is listed below. Your project may have additional requirements depending upon your project and parcel. If you have questions about application submittal requirements, schedule an appointment to meet with Building Counter staff.

NOTE: All relevant Senate Bills and/or Assembly Bills applying to the project must be listed on both the application form, AND on the cover sheet of the submitted plan set, along with the applicable building codes. 

Prepare an ePlan Review package that includes:

APP File (Application File)

  1. ePlan Submittal Checklist form PLG-230 must be the first page.
  2. Building Permit Application form PLG-200 must be the second page. 
  3. Owner-Agent Authorization form PLG-210 must be the third page if someone other than the property owner is applying on their behalf.

PLN File (Plan File): Prepare a set of plans that includes:

  1. Site plan - The site plan must be formatted 18" x 24" minimum, and clearly identify the parcel property lines, location of the existing primary dwelling, and the ADU. Indicate the distance to property lines from the ADU, and distance to other structure(s) on the parcel.
  2. Floor Plans and Supporting Information - The plan must be drawn to scale with all rooms labeled, showing interior partitions, doors and windows, stairs, etc.  Plans must include the square footage of the ADU, number of stories, number of bedrooms, number of bathrooms, number of kitchens, current utility connections (either gas and/or electric), the foundation type (concrete slab, continuous perimeter footings or pier-and-block, etc), the potable water source (private well, private provider, or County source), and the sanitary connection (onsite septic or public sanitation).

SUP File (Supplemental Documents File)

  1. Submit a completed Supplemental Document Index - PLG235.
  2. Submit documentation of the ADU or JADU’s construction date (see Step One above).
  3. Submit the completed AB2533 Substandard Housing Checklist_- PLG264.
  4. Any other required supplemental documents.

Once you have prepared your application files, submit them through ePlan Review.

  1. Once all reviewers have approved the application and any outstanding fees have been paid, your permit will be issued.
     
  2. At the first Inspection, your inspector will verify the submitted Substandard Housing Checklist. If during inspection substandard conditions are observed, they must be addressed by way of standard construction practices. Note: this may require a Construction Change Document, based on the scope of the substandard conditions and means to mitigate or correct said conditions. 
     
  3. For conditions that are unable to be verified or inspected because they are concealed behind finish materials, further exploration may be required, including, but not limited to removal of finish materials.

Upon final inspection and the release of all department holds, the unit shall be legalized.

 

Additional Information

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