Legislative requirements are changing constantly, and in the land of real estate properties, it is essential to be in tune with the most up to date information and bills.
I am here to provide readers with a digestible breakdown of a few new bills signed into law in 2022 and effective on Jan. 1, 2023 that should be on every property owner’s radar.
To start, let’s take a look at Senate Bill 897 regarding Accessory Dwelling Units, which are also known as “the granny flat.”
Granny flat
Granny flat, in-law suite, backyard cottage, casita—call it what you will, but these add-ons are invaluable for your own long-term investment and your property’s overall value.
If considering building an Accessory Dwelling Unit, I would advise you look at the big picture instead of the initial cost of building.
Not only will an Accessory Dwelling Unit provide an extra source of income when rented out, but it also will increase the value of your property.
Think about ways to expand your property’s assets.
How an ADU will enhance property value
An ADU will make your property a competitive sell in the future, while simultaneously bringing in money. A monthly boost in income is also an attractive idea to those looking towards retirement.
One of the benefits of an ADU is that it is a reasonably affordable type of home to construct in California, since the land, parking, and major new infrastructure already exists. ADU’s also can be built in a very cost-effective manner while still providing as much living space as many newly built apartments.
Considering all of the benefits of building an ADU, let’s now take a closer look at the new regulations that need to be followed in order to do so.
What’s in Senate Bill 897
Senate Bill 897, effective on Jan. 1, 2023, expands upon the already existing legislation regarding ADU building requirements.
Understanding the new additions to legislation:
- Previously, a local agency was authorized to impose the standards required for ADU, including height, setback, parking, landscape, architectural review and maximum size. SB 897 requires that the standards for an ADU are objective, meaning that it is no longer acceptable for a local agency or a public official to use personal or subjective judgment.
- With the new legislation, a local agency is prohibited from denying a permit application due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures if they do not present a threat to public health and safety.
- The local agency needs to review BOTH the new ADU permit and the demolition permit for a detached garage (that is going to be replaced by an ADU) at the same time. This way, applicants no longer need to provide a written notice for the demolition of a detached garage.
- The height limitation is changed to 18 feet if the ADU is subject to ministerial approval, is within a half-mile walk from a major transit stop or if the ADU is detached, and on a lot with an existing multi-family, multi-story dwelling.
- If the ADU is attached to a primary dwelling, the height limitation is 25 feet.
- If the existing multi-family dwelling exceeds height requirements, or has a rear or side setback of less than four feet, the local agency cannot require modification to the dwelling. They also are prohibited from rejecting an application for an ADU if the existing dwelling does not meet those requirements.
- A local agency cannot deny a permit for an under permitted ADU that was constructed before Jan 1, 2018 because it does not meet building standards, unless the corrections are necessary for the health and safety of the public.
To view more specific details for Senate Bill 897, visit leginfo.legistlature.ca.gov.
Applying for an ADU can take time
One thing to keep in mind: applying for an ADU can take time, so if you are considering doing any small additions to your house, also consider applying for an ADU at the same time. That way, you are set up for any future additions.
If you have any questions about new legislative distinctions with Accessory Dwelling Units, or are interested in learning more about how ADU’s may increase your home’s value, don’t hesitate to reach out at 619-568-0568 or info@simonerealestategroup.com.
I am always here to help answer any questions and keep you informed on the ever-evolving landscape of real estate properties!
