New California ADU Laws for 2024: AB 1033, AB 976, and AB 434
EXPERIENCED, ARCHITECTURAL DESIGNER YOU CAN TRUST
New ADU Law – AB 1033
The introduction of AB 1033 in October 2023 brought forth a great deal of enthusiasm because it marked a major shift in the accessibility of accessory dwelling units (ADUs). This law, in contrast to previous limitations, permits the sale of ADUs apart from the primary residences on a property. However, there are significant practical restrictions on this law’s potential influence.
Municipalities and localities are empowered by AB 1033 to pass ordinances allowing for the individual selling of ADUs. This means that homeowners can now sell their ADUs as separate units, providing an opportunity for additional income or investment. It opens up new possibilities for homeowners who previously could only rent out their ADUs.
However, it's important to note that not all cities and counties have embraced this new law. The decision to allow for the sale of ADUs is left to the discretion of each municipality. Some areas may choose to maintain the previous restrictions, while others may embrace the opportunity for increased housing options.
For those interested in selling their ADUs, it's crucial to research and understand the specific regulations and requirements set by their local government. These may include zoning restrictions, size limitations, and compliance with building codes. It's always advisable to consult with a real estate professional or attorney who is familiar with the local laws to ensure compliance.
AB 976 – Expanding Accessory Dwelling Units
Another important ADU law for 2024 is AB 976. This law aims to further expand the accessibility of ADUs by streamlining the approval process and reducing barriers to construction. It encourages more homeowners to consider building ADUs on their properties by providing financial incentives and simplifying the permitting process.
AB 976 allows for the conversion of existing structures, such as garages or storage units, into ADUs without the need for additional parking spaces. This is a significant change from previous regulations that required homeowners to provide parking spaces for the new ADU, which often posed challenges for properties with limited space.
In addition to the parking requirement change, AB 976 also reduces the processing time for ADU permits. Local jurisdictions are now required to approve or deny ADU permit applications within 60 days, ensuring a more efficient process for homeowners. This will help expedite the construction of ADUs and provide more housing options in a timely manner.
Furthermore, AB 976 provides financial incentives to homeowners who build ADUs. It allows for the deferral of impact fees until the ADU is occupied, reducing the upfront costs associated with construction. This can be a significant benefit for homeowners who may be hesitant to invest in building an ADU due to financial constraints.
AB 434 – Addressing Barriers to ADU Development
AB 434 is another noteworthy ADU law for 2024. This law focuses on addressing barriers to ADU development and aims to make the process more accessible and affordable for homeowners.
One of the key provisions of AB 434 is the reduction of fees associated with ADU development. It limits impact fees for ADUs to 25% of the fees charged for the construction of a new single-family home. This reduction in fees makes ADU construction more financially viable for homeowners, encouraging more people to consider building ADUs on their properties.
In addition to fee reductions, AB 434 also addresses parking requirements for ADUs. It prohibits local jurisdictions from requiring additional parking spaces for ADUs located within half a mile of public transit or in historic districts. This change recognizes the need for more flexible parking regulations to accommodate different neighborhoods and transportation options.
Furthermore, AB 434 allows for the conversion of existing spaces, such as attics or basements, into ADUs without requiring additional square footage. This provides homeowners with more flexibility in utilizing their existing structures and maximizing the potential of their properties.
Conclusion
The new ADU laws for 2024, including AB 1033, AB 976, and AB 434, bring significant changes to the accessibility and development of ADUs in California. These laws open up new opportunities for homeowners to sell their ADUs, streamline the approval process, reduce barriers to construction, and make ADU development more affordable.
However, it's important for homeowners to research and understand the specific regulations and requirements set by their local government. Each municipality has the power to decide whether to embrace these new laws, so it's crucial to consult with professionals familiar with local laws to ensure compliance.
With these new laws in place, California is taking steps towards addressing the housing crisis and providing more affordable housing options for its residents.
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