Building owners who have built unpermitted Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) on their property should legalize their ADUs\/JADUs to take full advantage of their value and benefits, and to ensure safe habitability.\u00a0<\/p>\n
If you have an ADU built without prior Planning and Building permits, you may qualify for one of the following:\u00a0<\/p>\n
\nAmnesty from violations of Planning Code standards if constructed prior to January 1, 2021; and\u00a0
\nDelay in enforcement action for ADUs\/JADUs constructed prior to January 1, 2020 without required permits such as fines, penalties, and orders to remove, modify, or alter- providing an opportunity to address code violations. of certain Building Code requirements to fix violations without penalties; and\/or\u00a0
\nA permit process to legalize the previously unpermitted structure pursuant to Government Code Section 66332 (AB 2533) if the structure was built prior to January 1, 2020.\u00a0
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Before you Start<\/p>\n
Please review the program requirements below, then select your preferred option to apply for amnesty and legalize your ADU.\u00a0<\/p>\n
Ready to get started?<\/p>\n
First, make sure you are registered and activated at our\u00a0Online Permit Center<\/a>. For instructions, please visit our\u00a0Planning & Building Video Tutorials webpage.<\/a><\/p>\n Benefits of Legalization\u00a0\u00a0<\/p>\n Why Should I Legalize My Unpermitted ADU\/JADU?<\/p>\n Benefits to legalizing your unpermitted ADU\/JADU:\u00a0<\/p>\n
Take advantage of the limited opportunity to legalize and update your unpermitted ADUs\/JADUs!\u00a0<\/p>\n Who Can Apply?<\/p>\n 1. Contractors who are licensed by the State of California with a classification appropriate for the work that will be performed and have a current Business Tax Certificate; and\/or<\/p>\n 2. Owners of a building or their legal representative.<\/p>\n \u00a0 What Does the ADU Amnesty Program Offer?<\/p>\n What Are the Oakland Amnesty Program Eligibility Requirements?<\/p>\n Determine if you are eligible for the Oakland Amnesty Program<\/p>\n Responses to all statements below must be YES or N\/A to continue with the process of applying for amnesty:<\/p>\n
What if I Built My ADU\/JADU on or after Jan 1, 2021?<\/p>\n If your ADU\/JADU was created on or after January 1, 2021, it is not eligible for the Amnesty Program. However, you may still legalize your ADU\/JADU by going through the application process as if it was not already created. To legalize your ADU\/JADU, it will also need to immediately comply with all ADU\/JADU development regulations.\u00a0\u00a0<\/p>\n Things to keep in mind: \u00a0<\/p>\n Health and Safety Violations that Must be Corrected Immediately<\/p>\n All violations listed below must be fixed as soon as possible in order for your ADU\/JADU to be eligible for Oakland’s Amnesty Program:<\/p>\n
Oakland Amnesty and Enforcement Delay Programs – Required Documents and Materials<\/p>\n Be prepared to submit the required materials listed below to apply for Planning Code Amnesty\/Building Code Enforcement Delay. These materials must be submitted to receive your Zoning Approval and Building Permits to begin construction and to legalize your ADU\/JADU.\u00a0<\/p>\n Planning Requirements Building Requirements (for legalization process only) \u00a0 Pursuant to Government Code Section 66332\u00a0\u00a0<\/p>\n What Does the AB 2533 Program Offer?<\/p>\n If your unpermitted ADU or JADU was constructed before January 1, 2020, the following applies, as provided in State law, passed as AB 2533:\u00a0<\/p>\n
AB 2533 Legalization Program – Required Documents and Materials<\/p>\n Be prepared to submit the required materials listed below to apply for legalization of your ADU through AB 2533. These materials must be submitted to legalize your ADU.\u00a0<\/p>\n Building Permit Requirements\u00a0 \u00a0 Please note you must choose one program option and follow each subsequent step to complete the process.<\/p>\n Need to Know We’re here to help! Contact us for information on permits, costs, and requirements.\u00a0<\/p>\n For a faster response:\u00a0<\/p>\n Call Us:\u00a0<\/p>\n
\nIncreases homeowner income as legalized units can be rented out long-term (30 days or more)
\nReduces health and safety risks for occupants as units are inspected by professional inspectors
\nReduces legal liability (home insurance doesn’t always cover damages to unpermitted ADUs)
\nIncreases property value and appeal to buyers (value can exceed $100,000 or more)
\nPeace of mind: avoids risk of penalties or code enforcement citations
\nGenerous time is granted under the Amnesty Program (for applicable ADUs) to bring your ADU into compliance, assuming there are no immediate health or safety dangers
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\nOakland Amnesty Program Requirements<\/p>\n
\nADU\/JADU was built and occupied before January 1, 2021
\nOwner can provide proof ADU\/JADU was built and occupied before January 1, 2021 (through evidence and Affidavit)
\nNo modifications were made to ADU\/JADU after January 1, 2021 except for modifications made to satisfy Building Code requirements
\nThe number of ADUs on the lot does not exceed the legal maximum\u00a0
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\nAmnesty application is submitted before January 1, 2030
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\nNote: if you have an open Building Code violation case, you have up to five (5) years to correct the issue from the date the violation was verified by the Building Bureau
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\nADU is located outside of S-9 Fire Safety Protection Zone (S-9 Zone)
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\nTo receive Zoning Approval, you may need to redesign your ADU\/JADU to bring it into compliance with Oakland Planning Code section 17.103.080
\nTo receive Building Permits for your ADU\/JADU, you will need to provide complete plans showing how your ADU\/JADU complies with current Building Codes.
\nTo pass inspections and receive your Certificate of Occupancy, you will need to expose sections of your construction to ensure your unit is structurally sound, habitable, and meets all mechanical, electrical and plumbing code requirements.
\nFor details on Zoning and Building Permit requirements and state and local codes, visit our main\u00a0Accessory Dwelling Units (ADUs) webpage.<\/a>
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\nThe unit has significant structural damage or defects due to deterioration (ex: tilting walls or sagging roofs)
\nThere is no direct exit from the unit to the outside and there is no emergency escape windows in the rooms used for sleeping purposes
\nRooms used for sleeping purposes have a gas furnace, water heater, stove or other gas appliances
\nA person is using the space as a place to live but it doesn’t comply with the requirements for habitable space of the Oakland Municipal Code
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\nFor amnesty\/enforcement delay:\u00a0
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\nColor photographs of property and surrounding structures
\nEvidence ADU\/JADU was created and occupied before January 1, 2021 for the Oakland Amnesty Program or January 1, 2020 for the Enforcement Delay Program (ex: copy of lease and signed affidavit with evidence. See Affidavit on file with City.)
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\nFor ADU\/JADU legalization process:\u00a0
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\nsite plan, floor plans, and elevations
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\nBuilding Plans
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\nTitle block\u00a0
\nScope of work
\nTitle 24 energy documentation
\nSite plan (showing location of proposed new utility meters as per joint information bulletin)
\nDemolition plan
\nFloor plans\u00a0
\nConstruction sections
\nElevators
\nFoundation plan (floors and roof)
\nFraming plans
\nDetails and sections (referenced from plans)
\nStructural calculations\u00a0
\nZoning approval stamp\u00a0\u00a0
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\nBuilding Criteria Checklist for Accessory Dwelling Units (with Single-Family home<\/a>\u00a0OR with Multi-Family home<\/a>)\u00a0
\nEBMUD Fire Hydrant Flow Data Report for substantial renovations of primary residential facility
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\nAB 2533 Legalization Program Requirements<\/p>\n
\nThe City is prohibited from penalizing an applicant for having the unpermitted unit if constructed before January 1, 2020 so long as the applicant applies for and obtains necessary permits to correct noncompliance with health and safety standards. Please refer to the City’s AB 2533 Checklist to determine whether your ADU\/JADU complies with health and safety standards.\u00a0
\nThe City shall not deny a permit to legalize an unpermitted ADU or JADU built before January 1, 2020 but that is in violation of California building standards (codes) that are not related to health and safety violations or does not comply with any local ordinance regulating ADUs or JADUs.\u00a0\u00a0
\nThe property owner applying for a permit to legalize an unpermitted ADU or JADU shall not be required to pay impact fees or connection or capacity charges except where utility infrastructure is required to comply with Health and Safety Code section 17920.3
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\nA completed AB 2533 Application & Checklist(PDF,\u00a0686KB)<\/a> \u00a0
\nA completed City-provided Affidavit Form (see AB 2533 Application & Checklist(PDF,\u00a0686KB)<\/a>, pp. 15-16) regarding\u00a0construction\/conversion date
\nDocumentation providing owner occupancy either in primary unit or JADU, if the unpermitted unit is a Junior ADU without its own bathroom
\nConstruction documents, including fully dimensioned site and floor plans showing all buildings and parking areas, heights of ceilings, window type and dimensions, and labeling of each building and room’s use. (Applicants may request to have their plans reviewed under the current code cycle or the code in effect at the time the unit was constructed or converted)
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\nSelect Your Preferred Program\u00a0<\/p>\n
\nQuestions?<\/p>\n
\n(510) 238-3891 (Building)
\n(510) 238-3911 (Planning\/Zoning)
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