David Babakaiff
Written by David Babakaiff · Co-Founder, VanPlex | 25+ Years BC Construction Last reviewed: October 2026

State Law | ADUs and JADUs

California ADU Law 2026: How Many ADUs Your Lot Can Have

An accessory dwelling unit (ADU) is a second, smaller home on a lot that keeps its main house or apartment building. A junior ADU (JADU) is a unit of 500 square feet or less built inside the walls of the house. California ADU law makes cities approve both through ministerial review, meaning staff check the plans against fixed written rules, with no hearing. This page covers what the law allows in 2026, what changes on January 1, 2027, and the fee, size and parking rules that decide your budget.

California ADU law in six facts

  • On a single-family lot, a California city must approve one ADU and one junior ADU inside the house or an existing accessory building, plus one new detached ADU it may cap at 800 square feet. Source: Gov. Code 66323
  • From January 1, 2027, AB 956 raises the detached ADUs a city must approve on a single-family lot from one to two. Source: AB 956 (2026)
  • A city's maximum ADU size cannot be set below 850 square feet, or 1,000 square feet for an ADU with more than one bedroom. Source: Gov. Code 66321
  • An ADU of 750 square feet or less, or a junior ADU of 500 square feet or less, pays no impact fees. Source: HCD ADU Handbook
  • The city has 15 business days to say if an ADU application is complete, and 60 days to approve or deny it when a home already stands on the lot. Source: Gov. Code 66317
  • On a lot with an existing multifamily building, a city must allow up to eight detached ADUs, but no more than the number of existing units. Source: Gov. Code 66323

Where the Law Lives

State ADU law is in Government Code sections 66310 to 66342. It used to sit in sections 65852.2, 65852.22, 65852.23 and 65852.26. SB 477 (Chapter 7, Statutes of 2024) moved it, and the new sections show an effective date of March 25, 2024 in the code history. If an older guide cites 65852.2, it is the same law under its old number.

The main state guide is the ADU Handbook from the California Department of Housing and Community Development (HCD). Its current edition is dated March 2026 and reflects the law in effect on January 1, 2026. It does not yet cover the two ADU bills signed on September 29, 2026, AB 956 and SB 1117, which start on January 1, 2027.

One naming warning. SB 9 (2021) is the lot split law. A different bill, SB 9 of 2025 (Chapter 510, Statutes of 2025), is an ADU bill: HCD explains that a city ADU ordinance not sent to HCD within 60 days, or not fixed after HCD finds problems, is "null and void," and the city must then apply state ADU law alone.

What a City Must Approve, by Lot Type

Lot Inside existing space New detached ADUs Homes
Single-family lot, today 1 ADU converted from existing space (with up to 150 sq ft added for entry) and 1 junior ADU 1 new detached ADU, 4-foot side and rear setbacks, city may cap at 800 sq ft House plus 3
Single-family lot, from January 1, 2027 (AB 956) 1 converted ADU; a junior ADU is not required where 2 new detached ADUs are built 2 new detached ADUs, each subject to the 800 sq ft cap and height rules House plus 3
Lot with an existing multifamily building At least 1, and up to 25% of the existing unit count, in non-livable space such as storage rooms, attics, basements and garages Up to 8, but no more than the number of existing units Depends on unit count
Lot with a proposed multifamily building Not covered by this rule Up to 2 New building plus 2

Sources: Gov. Code 66323, AB 956 and the HCD ADU Handbook.

Single-Family Lots Today

Government Code 66323(a) lists the ADUs a city must approve by staff review "in any combination." On a single-family lot that means one ADU and one junior ADU inside the existing or proposed house or an existing accessory building such as a garage, with up to 150 square feet of expansion for entry and exit, plus one new detached ADU with four-foot side and rear setbacks. The city may cap that detached unit at 800 square feet of livable space. HCD says it plainly: "on single-family lots, local agencies must allow at least one ADU constructed from existing space, one JADU, and one newly constructed detached ADU."

That makes four homes on one lot under ADU law alone: the house, the converted ADU, the junior ADU and the detached ADU. The ADUs in this section need no parking at all, and they must be rented, if rented, for terms longer than 30 days.

Starting January 1, 2027: AB 956

AB 956 (Chapter 791, Statutes of 2026) was chaptered on September 29, 2026 and takes effect January 1, 2027. It rewrites 66323(a)(2) to read "Two detached, new construction, accessory dwelling units" on a lot with a proposed or existing single-family home. Each stays subject to the 800 square foot cap and height rules the city may apply. The bill also says a city does not have to approve a junior ADU on a lot where two new detached ADUs have been built.

AB 956 makes one more change. The rule that voids homeowners association (HOA) and deed restrictions on ADUs will reach any lot "zoned to allow single-family residential use." If an HOA has blocked your backyard unit, read the new rule with an attorney before you apply in 2027.

Multifamily Lots, Including Duplexes

SB 1211 (Chapter 296, Statutes of 2024) wrote the current rule for lots with apartment buildings. On a lot with an existing multifamily building, the city must allow up to eight detached ADUs, but no more than the number of existing units. On a lot with a proposed multifamily building, it must allow up to two detached ADUs. Inside the existing building, owners can convert non-livable space such as storage rooms, boiler rooms, attics, basements and garages into at least one ADU, and up to 25 percent of the existing unit count.

HCD's handbook defines what counts as multifamily: "a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure." So an existing duplex qualifies for these rules, and can add up to two detached ADUs. Several detached houses on one lot do not count as multifamily. The duplex to fourplex page works through those combinations.

Size, Height and Parking Limits

Rule State limit
Lowest maximum size a city may set 850 sq ft; 1,000 sq ft with more than one bedroom
State default size, detached ADU 1,200 sq ft, where no compliant city ordinance exists
State default size, attached ADU 50% of the existing home
Size that lot coverage, floor area ratio and front setback rules cannot block 800 sq ft with 4-foot side and rear setbacks
Height a city must allow, detached ADU 16 ft
Height near a major transit stop or high-quality transit corridor 18 ft, plus 2 ft to match the roof pitch of the main home
Height on a lot with a multistory multifamily building 18 ft
Height, attached ADU 25 ft or the zone height limit, whichever is lower; no more than 2 stories required
Junior ADU size 500 sq ft or less, inside the walls of the house
Parking a city may require 1 space per ADU or per bedroom, whichever is less, with many exemptions

Sources: Gov. Code 66321, 66314, 66322 and 66333.

A city's own size limit cannot drop below 850 square feet of interior livable space, or 1,000 square feet for an ADU with more than one bedroom, under Government Code 66321. Lot coverage, floor area ratio (the building's floor area divided by the lot area), open space, front setback and minimum lot size rules cannot be used to block an 800 square foot ADU with four-foot side and rear setbacks.

Parking is limited to one space per ADU or per bedroom, whichever is less. No parking may be required for an ADU within one-half mile walking distance of public transit, in an architecturally and historically significant historic district, inside the existing house or accessory building, where on-street permits are required but not offered to the ADU, or within one block of a car share vehicle. When a garage or carport is converted or torn down for an ADU, the city cannot require replacement parking.

Deadlines and Appeals

SB 543 (Chapter 520, Statutes of 2025), in effect since January 1, 2026, added the completeness deadline and the appeal rules. Under Government Code 66317, the permitting agency has 15 business days to say whether an ADU or junior ADU application is complete, or it is deemed complete. It must approve or deny a complete application within 60 days when a single-family or multifamily home already stands on the lot. You can appeal a finding of incompleteness or a denial, and the agency must decide the appeal within 60 business days.

Pre-approved plans are another option. Under AB 1332, every city had to set up a program to preapprove ADU plans by January 1, 2025, and post the approved plans online. Los Angeles runs one through its ADU Standard Plan Program.

Owner Occupancy, Junior ADUs and Rentals

A city cannot require the owner to live on a lot with an ADU, under Government Code 66315. Junior ADUs follow different rules. There can be only one per single-family lot. It must be inside the walls of the house, and an attached garage counts. It needs a recorded deed restriction against separate sale. Since January 1, 2026, under AB 1154 (Chapter 507, Statutes of 2025), the owner must live on site only when the junior ADU shares a bathroom with the main house.

A city may require ADU rentals to last longer than 30 days, and must require it for the ADUs listed in 66323 and for every junior ADU. Apart from the junior ADU rules, HCD says a city "cannot impose a deed restriction on an ADU," including an affordability covenant.

Impact Fees and the 750 Square Foot Rule

Impact fees are one-time charges a city, special district or water company collects to pay for public facilities. Under Government Code 66311.5, an ADU of 750 square feet of interior livable space or less pays none, and neither does a junior ADU of 500 square feet or less. Above 750 square feet, fees must be proportional to the size of the main home. HCD's example: "a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee."

School districts may charge their fees only on ADUs over 500 square feet. Utilities cannot treat a converted ADU or junior ADU as a new use for connection fees, unless it is built with a new house. Starting January 1, 2027, SB 1117 (Chapter 809, Statutes of 2026) changes the rule for lots with up to two ADUs: fees on an ADU above 750 square feet apply "only on the area in excess of 750 square feet." Lots with more than two ADUs keep the current proportional rule. The impact fees page covers school fees and the other charges on a new home.

Selling an ADU, Old ADUs and Other Rules

Separate sale. AB 1033 (Chapter 752, Statutes of 2023), in effect since January 1, 2024, lets a city adopt an ordinance allowing the main home and its ADUs to be sold separately as condominiums. It is a local choice. Under Government Code 66342, the owner needs a safety inspection before the condominium plan is recorded and the written consent of every lienholder (each lender with a loan on the property), and "a lienholder may refuse to give consent." Inside an existing HOA, the board must also approve in writing. San Jose and San Diego have opted in; see their city pages.

Unpermitted ADUs. Under AB 2533 (Chapter 834, Statutes of 2024), in effect since January 1, 2025, a city cannot deny a permit for an unpermitted ADU or junior ADU built before January 1, 2020 only because it breaks building or ADU rules, unless the fix is needed to meet the health and safety standards of Health and Safety Code 17920.3. Cities must post a checklist and tell owners they can get a confidential inspection from a licensed contractor first.

Fire sprinklers. A city cannot require sprinklers in an ADU or junior ADU unless the main home needs them, and an ADU cannot trigger sprinklers in the main home. Charter cities. HCD says ADU law applies to every city and county "whether general law or chartered." Solar. A new detached ADU must meet the Energy Code solar rule, with some exceptions, and the panels can sit on the ADU or the house. See the energy code page.

How Many ADUs California Builds

The Department of Finance counted 29,710 ADUs added to the state's housing in 2025, an 11.42 percent increase over 2024. In the same release, ADUs made up 15.2 percent of all new housing built in 2025.

Permits show the trend. In their annual progress reports to HCD, California cities and counties reported 9,005 ADU building permits in 2018 and 41,846 in 2025. Certificates of occupancy, issued when a home is finished, rose from 18,536 in 2023 to 24,334 in 2025. These totals are VanPlex's own sum of HCD's published Table A2 data. Permits and finished homes measure different stages, so the two counts do not match.

ADUs and Your Mortgage

Lenders count ADUs by their own rules. Fannie Mae allows only one ADU on a one-unit property, does not recognize ADUs on two- to four-unit properties, and caps qualifying ADU rent at 30 percent of total qualifying income. Freddie Mac's February 2026 fact sheet allows one ADU on one-, two- and three-unit properties and bars using rent from an illegal ADU to qualify. HCD notes that FHA's 203(k) rehabilitation loan "may only be used to construct an attached ADU." The financing page has the details.

Best For

  • ✓ Owners who want to keep one lot and add rental homes with staff approval.
  • ✓ Lots that fail SB 9 because of zone, tenant history or a past split.
  • ✓ Existing duplexes and apartment buildings with storage, attic or garage space to convert.

Usually Fails When

  • ✕ The design goes over 750 square feet without a budget for impact fees.
  • ✕ The owner wants to sell the ADU in a city that has not opted in to AB 1033.
  • ✕ A junior ADU shares a bathroom and the owner does not plan to live on site.

What To Verify Before Spending Money

  • → Your city's ADU ordinance and whether HCD has accepted it.
  • → Whether the lot is within one-half mile walking distance of transit, for parking and height.
  • → Whether a 2027 filing under AB 956 and SB 1117 would suit the project better.

Where to Go Next

For comparison with Canada, see VanPlex's laneway and ADU guide for British Columbia.

Frequently Asked Questions

How many ADUs can I build on a single-family lot in California? +
In 2026, California ADU law lets a single-family lot hold one ADU converted from existing space, one junior ADU inside the house and one new detached ADU, all approved by staff review. That is the house plus three. From January 1, 2027, AB 956 lets you build two detached ADUs instead of one, and the city then does not have to approve a junior ADU.
How big can an ADU be in California? +
A California city cannot set its maximum ADU size below 850 square feet, or 1,000 square feet for an ADU with more than one bedroom. Where the city has no valid ADU ordinance, the state default limits are 1,200 square feet for a detached ADU and 50 percent of the main home for an attached ADU. A junior ADU is limited to 500 square feet.
Do I have to live on the property to build an ADU in California? +
No. Government Code 66315 bars a California city from requiring the owner to live on a lot with an ADU. Junior ADUs are the exception: since January 1, 2026, under AB 1154, the owner must live on site only when the junior ADU shares a bathroom with the main house. A junior ADU with its own bathroom has no owner-occupancy requirement.
Can I sell my ADU separately from the house in California? +
Only where your city has opted in. AB 1033, in effect since January 1, 2024, lets a city adopt an ordinance allowing the main home and ADUs to be sold separately as condominiums. Requirements include a safety inspection before the condominium plan is recorded and written consent from every mortgage lender on the property, and a lender may refuse. San Jose and San Diego have opted in.
Do ADUs pay impact fees in California? +
An ADU of 750 square feet or less, and a junior ADU of 500 square feet or less, pays no impact fees from cities, special districts or water companies. Above 750 square feet, fees must be proportional to the size of the main home. From January 1, 2027, under SB 1117, a lot with up to two ADUs pays fees only on the area above 750 square feet.
How long does a California city have to approve an ADU permit? +
A California city has 15 business days to tell you whether your ADU application is complete, or it is deemed complete. It must then approve or deny a complete application within 60 days when a house or multifamily building already stands on the lot. You can appeal an incompleteness finding or a denial, and the city must decide the appeal within 60 business days.
Do I need parking for an ADU in California? +
It depends on where the ADU is. A city may require at most one space per ADU or per bedroom, whichever is less, and none for an ADU within one-half mile walking distance of public transit, inside the existing house, within one block of a car share vehicle, or in a historic district. Converting or demolishing a garage for an ADU never triggers replacement parking under California ADU law.
Can I legalize an unpermitted ADU in California? +
Yes, if it was built before January 1, 2020. Under AB 2533, in effect since January 1, 2025, a city cannot deny a permit for such an ADU or junior ADU only because it breaks building or ADU rules, unless fixing the problem is needed for health and safety. Cities must post a checklist and tell owners about confidential third-party inspections by a licensed contractor.
How many ADUs can I add to a duplex or apartment building? +
HCD treats two or more attached homes on one lot as a multifamily building. On such a lot, California law allows up to eight detached ADUs, but no more than the number of existing units, so a duplex can add two. It also allows at least one ADU, and up to 25 percent of the unit count, in non-livable space such as storage rooms, basements or garages.
Can my HOA stop me from building an ADU in California? +
California already voids homeowners association (HOA) and deed rules that block ADUs on some lots. From January 1, 2027, AB 956 extends that rule to any lot zoned to allow single-family residential use. Read your association documents and the new rule with a California attorney before you pay for plans, and ask the board for its written ADU rules.
How tall can an ADU be in California? +
A California city must allow a detached ADU at least 16 feet tall. Within one-half mile walking distance of a major transit stop or a high-quality transit corridor, the minimum rises to 18 feet, plus 2 more feet to match the main roof pitch. On a lot with a multistory multifamily building it is 18 feet. An attached ADU can reach 25 feet or the zone limit.
Does a new ADU in California need solar panels? +
A newly built detached ADU must meet the California Energy Code solar requirement, with some exceptions, and HCD says the panels can go on the ADU or on the main house. ADUs created by converting existing space, and attached additions, do not trigger the solar rule. The 2025 Energy Code applies to permit applications submitted on or after January 1, 2026.

Official sources (checked October 2026)

HCD ADU Handbook (updated March 2026, PDF)
https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/adu-handbook-update.pdf
HCD ADU Handbook page
https://www.hcd.ca.gov/building-standards/adu/handbook
Government Code 66323 (ADUs approved by staff review)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66323
Government Code 66321 (size and height limits)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66321
Government Code 66314 (local ADU ordinance rules)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66314
Government Code 66317 (application deadlines)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66317
Government Code 66311.5 (impact fees)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66311.5
Government Code 66333 (junior ADUs)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66333
Government Code 66342 (selling an ADU as a condominium)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66342
AB 956 (Chapter 791, Statutes of 2026), bill page
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB956
SB 1117 (Chapter 809, Statutes of 2026), bill page
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB1117
Government Code 66315 (no owner occupancy for ADUs)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66315
Government Code 66322 (parking)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66322
Government Code 66311.7 (unpermitted ADUs)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66311.7
California Department of Finance, E-5 population and housing estimates 2020 to 2026
https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-counties-and-the-state-2020-2026/
California Department of Finance, E-1 press release (May 1, 2026, PDF)
https://dof.ca.gov/media/docs/forecasting/demographics/estimates/e-1_2026_press_release.Pdf
HCD Housing Element Annual Progress Report data, Table A2 (CSV, 294 MB)
https://data.ca.gov/dataset/81b0841f-2802-403e-b48e-2ef4b751f77c/resource/fe505d9b-8c36-42ba-ba30-08bc4f34e022/download/tablea2.csv
Fannie Mae Selling Guide B3-3.8-02, rental income
https://selling-guide.fanniemae.com/sel/b3-3.8-02/rental-income-subject-property
Freddie Mac ADU fact sheet (February 2026, PDF)
https://sf.freddiemac.com/docs/pdf/fact-sheet/adu-fact-sheet.pdf
California Energy Commission, 2025 Building Energy Efficiency Standards
https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2025-building-energy-efficiency
City of San Diego, Development Services regulatory updates
https://www.sandiego.gov/development-services/regulatory-updates
San Jose Municipal Code (Municode)
https://library.municode.com/ca/san_jose/codes/code_of_ordinances
General information, not legal advice. California housing law changes every year, and each city adds its own rules on top of state law. Confirm current requirements with the city or county planning department, and with a California-licensed attorney or architect, before you buy land or file plans.

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