An accessory dwelling unit, also known as a granny flat, is a separate living space on the same property as a single family dwelling. These units can provide affordable housing and additional income for homeowners, as well as a place for elderly relatives or friends to live. However, if an accessory dwelling unit was built without obtaining the proper permits, it may be considered illegal by local authorities. Legalizing an unpermitted ADU in Los Angeles is generally possible to do so but it may require time and effort. Here’s a step by step guide on how to legalize ADU or unpermitted units in Los Angeles.
What is an Illegal ADU
An illegal accessory dwelling unit (ADU) is a separate living space that has been built or is being used without the proper permits. In many areas, it is illegal to build or use an ADU without obtaining the necessary permits and following local building codes.
There are a variety of reasons why an unpermitted ADU in Los Angeles will be considered illegal. For example, the unit may have been built without obtaining the necessary building permits, or it may not meet local zoning laws or building codes. In some cases, the ADU may have been built without the knowledge or approval of the homeowner or property owner.
If an ADU is deemed illegal, it may be subject to fines, penalties, or other legal action. Homeowners may be required to remove the ADU or make costly repairs to bring it up to code in order to make it legal. It’s important to check with your local building department to determine whether an ADU is permitted in your area.
Why you should legalize your Unpermitted ADU in Los Angeles
Obtaining permits for an accessory dwelling unit (ADU) is important for several reasons:
Safety
One of the most important reasons to bring ADUs up to code is to ensure that they are safe for occupants. Building codes are put in place to protect the health and safety of people living in homes, and ADUs are no exception. You can help prevent accidents and injuries that could occur due to faulty construction or outdated systems.
Legal Compliance
One of the most important reasons to bring ADUs up to code is to ensure that they are safe for occupants. Building codes are put in place to protect the health and safety of people living in homes, and ADUs are no exception. You can help prevent accidents and injuries that could occur due to faulty construction or outdated systems.
Obtaining insurance
Some insurance companies may not insure a property that has an unpermitted ADU, or they may charge higher premiums. Legalizing the ADU may be necessary in order to obtain insurance coverage.
Resale Value
If you are planning to sell your home in the future, having an ADU that is up to code can increase the value of your property. Buyers will be more likely to consider purchasing a home that has a permitted ADU. Permits reduce the risk of future legal issues or costly repairs.
Tenant Satisfaction
If you are planning to rent out your ADU, tenants will be more likely to be satisfied with the unit is up to code. This can help you attract and retain good tenants, which can increase your income from the ADU.
How To Permit Your Unpermitted ADU in Los Angeles
The Unpermitted Dwelling Unit (ADU) Ordinance in Los Angeles (Ord. No. 184,907) allows ADUs to be recognized under the UDU code if certain life safety requirements are met. To legalize an unpermitted ADU, the owner must follow the six-step process outlined by LA County Planning. Once this process is complete, the ADU can be authorized by the Department of Building and Safety (LADBS) and the Housing and Community Investment Department (HCIDLA).
1. Check local zoning code
The first step is to review local zoning code and review your property information. The local zoning code will determine whether you are allowed to build an ADU on your property. You can check the zoning code by contacting your local zoning department or by reviewing the code online. Look for information on ADUs and any specific requirements that apply to your property.
You will also need to check property information to make sure that you are eligible to build an ADU on your property. This may include information on the size of your property, the zoning classification of your property, and any deed restrictions that apply.
If you don’t know where to check or don’t have the time do it, you can take advantage of our Free Property Assessment. We’ll review if an ADU is allowed on your property, set back requirements, development options as well as helpful tips for permitting your unit. This service is free.
2. Obtain the necessary permits
If ADUs are allowed in your area, the next step is to obtain the necessary permits to make the unit legal. This will typically involve submitting plans to your local building department and agencies to get approval. Because the unit is already built, you may need to submit plans for retroactive approval.
The specific permits that you will need to build an accessory dwelling unit (ADU) will depend on your location and the scope of work being done. However, here are some common types of permits that may be required:
Building permit: A building permit is required for any construction work, including building an ADU. This permit is issued by the local building department and ensures that the ADU meets all applicable building codes and standards.
Electrical permit: An electrical permit is required for any electrical work, such as installing wiring, outlets, or lighting. This permit is issued by the local electrical department and ensures that the electrical work is safe and compliant with local codes.
Plumbing permit: A plumbing permit is required for any plumbing work, such as installing pipes, fixtures, or appliances. This permit is issued by the local plumbing department and ensures that the plumbing work is safe and compliant with local codes.
Zoning permit: A zoning permit is required to ensure that the ADU complies with local zoning laws and regulations. This permit is issued by the local zoning department and may require you to submit site plans and other documentation.
Other permits: Depending on the location and scope of work, you may also need to obtain other permits, such as a demolition permit, a grading permit, or a gas permit.
It’s important to note that the permitting process for an ADU can vary depending on your location, so it’s a good idea to check with your local building department or get a free property assessment to find out what the specific requirements are in your area. We recommend hiring a professional architect or designer during the permitting process to avoid costly mistakes during permitting, construction, and approval process. An architect is generally
Don’t let the permitting process for your ADU hold you back! We understand how challenging getting a permit can be. We’re here to help you cut through the considerable rules, regulations, and process guidelines in legalizing your existing unit. YDS offers Permitting Services to process the permits in your behalf. Hire us to obtain your permits. Click here.
3. Make any necessary updates to drawings and plans
You may need to make certain upgrades and prepare architectural drawings and plans to bring it up to code. This may include installing proper ventilation, adding fire protection measures, or upgrading electrical and plumbing systems. In Los Angeles, these are the minimum plan requirements, drawn to scale:
Plot plan – Show location of the street, street name, lot dimensions, existing buildings, area(s) of work, parking layout, driveway location, yard setbacks from property lines and between buildings.
Floor plan – Show proposed work and adjacent room(s), (if applicable), door and window sizes and location.
Building Elevations/Cross Sections – Exterior elevations for new construction, detailing all exterior walls, projections and cross sections in each direction.
Foundation Plan – Show foundation size (width and depth), along with slab on grade thickness. For raised floor construction, show size and direction of floor joists.
Roof Framing – Show roof rafters and ceiling joists’ size and direction.
Energy Conservation – Energy calculations and Certificate of Compliance (CF1R). See energy.ca.gov/title24 for more information.
Green Code – (if applicable), material specifications, notes and details.
More detailed document submittal requirements can be found on you local city planning department.
Hire the experienced professionals at Yifu Design Studio to update your schematics and architectural plans. Book an architect consultation by clicking here.
🗒️Related article: Why Hire an Architect Fort Your ADU Project
4. Pay any fees or fines
Depending on your location, you may need to pay fees or fines in order to legalize your accessory dwelling unit. These fees may cover the cost of reviewing your plans and inspecting the unit to ensure it meets code requirements.
Permit fees: You will need to pay fees for any building permits that are required to legalize your ADU. The exact amount of these fees will depend on the scope of work being done.
Inspection fees: You will also need to pay fees for inspections that are required to ensure that your ADU meets all applicable building codes and zoning requirements.
Other fees: There may be other fees that you are required to pay in order to legalize your ADU, such as fees for processing and reviewing your application, or for any retroactive approvals that are required.
It’s important to note that the fees for legalizing an unpermitted ADU in Los Angeles can vary depending on a number of factors, including the size of the ADU and the scope of work being done. It’s a good idea to contact City Planning to get an estimate of the fees that you will need to pay.
5. Have your ADU inspected and approved
Once you have completed the construction of your accessory dwelling unit (ADU) in Los Angeles, it’s important to have it inspected and approved by the Department of Building and Safety or City Planning. This is an important step in the permitting process that ensures that your ADU meets all applicable building codes and standards and is safe for occupancy. Here are the steps you will need to take in order to have your ADU inspected and approved:
Schedule an inspection with the local planning department: Contact the planning department to schedule an inspection of your ADU. You will need to provide the address of the property, the type of inspection that is required, and any other relevant information.
Make any necessary changes to your ADU based on the inspection results: If the inspector identifies any issues with your ADU that need to be addressed, you will need to make the necessary changes in order to pass the inspection. This could include correcting any code violations or making repairs to the ADU. You may need to hire an architect to update the plans and a contractor to construct and implement the changes. We highly recommend that you hire a professional designer or architect early to make the entire legalization process less hassle and worry for you.
Obtain final approval: Once you have made all the necessary changes to your ADU and it passes the inspection, you will need to obtain final approval from the local planning department. This typically involves submitting any required documentation and paying any applicable fees.
By following these steps, you can have your ADU inspected and approved by local planning department and move one step closer to obtaining a certificate of occupancy for your ADU.
6. Get a Certificate of Occupancy
In Los Angeles, a certificate of occupancy (CO) is typically required for an accessory dwelling unit (ADU) before it can be occupied. A CO is a document issued by the local building department that certifies that a building meets all applicable building codes and can be safely occupied. In order to obtain a CO for an ADU in Los Angeles, you will need to complete the permitting process and have the ADU inspected by the building department. Once the ADU passes the inspection and is deemed safe for occupancy, the building department will issue a CO.
It’s important to note that the requirements for obtaining a CO in Los Angeles can vary depending on the specific location and circumstances of the ADU, so it’s a good idea to check with the building department to find out what the specific requirements are for your ADU.
After obtaining a Certificate of Occupancy, then congratulations! You have successfully permitted your ADU!
ADU Amnesty Program
The ADU Amnesty program is a temporary initiative offered by some cities and towns to allow homeowners to legalize unpermitted ADUs without facing fines or penalties. Amnesty programs like in the City of San Jose offers $10,000-plus savings in fee waivers for qualified participants. These programs are typically implemented as a way to encourage homeowners to bring their ADUs up to code and to help alleviate housing shortages in certain areas.
An ADU amnesty program allows homeowners with unpermitted ADUs to legalize them without being fined or penalized for building the units without proper permits. In some cases, homeowners may need to pay a fee to have their plans reviewed and their ADU inspected to ensure that it meets code requirements.
In Los Angeles , A Los Angeles councilwoman has pitched a plan to let owners of illegal granny flats off the hook in return for offering affordable rents. Councilwoman Monica Rodriguez has filed a motion to create an amnesty program for legalizing unpermitted accessory dwelling units. The goal of the proposal is to cut the red tape in order to make it easier for residents to come forward and legalize their ADU. This is good news for homeowners with unpermitted ADUs.
ADU amnesty programs are typically offered on a temporary basis and may have certain requirements. Subscribe to our blog newsletter to be updated with information on ADU amnesty program in your area.
Legalize Your Unpermitted ADU in Los Angeles
Legalizing an unpermitted accessory dwelling unit can be a complex process, but it’s worth it to ensure that the unit is safe and up to code. By following these steps, you can legalize your unpermitted ADU and bring it into compliance with local laws and regulations. However, it’s important to note that the process can be complex and may require the assistance of professionals such as architects or contractors.
It’s possible to legalize an unpermitted ADU in Los Angeles and there are firms like Yifu Design Studio that can assist or take care of the process for you. We hope these steps will provide an insight so you can successfully legalize your accessory dwelling unit and enjoy all the benefits it has to offer.
