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I do not have a permit for my illegal garage conversion, but I want to build an ADU. What to do? Well, there is a new law pass that would allow you to build your ADU, even though you do not have permit for any illegal modifications you may have done to your home.

The law states

Senate Bill 897

"This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit."

Published on 09/29/2022.

Basically, it is saying you may construct a new ADU, and the city cannot stop you unless, your violation on your existing property is a health hazard. That is good news for all your illegal garage converters home dwellers. Also, this law was updated whereas you can design your ADU however as please without judgement from city officials.

We had a case where one of our clients had an illegal garage conversion and he was leery in creating an ADU. He wanted a new ADU, but in the past, there were rules in place that would prohibit him from getting one. On a side note, his garage conversion tenant was very needy and threaten to report him to the city numerous times. This put our client on edge as to building a new ADU or any new structure on his lot. He needed the extra rental income from building a new ADU, but he didn't know how. With the new law that passed, he can now confidently build a new ADU without worry of a combative tenant reporting him. Our client was sold on the ADU and decided to build it. We eventually got him permitted for his illegal garage conversion as well. We did patch up the garage, created insulation, brought it up to code and this story was win-win. At the end of the day everyone was able to sleep at night.

#illegalgarageconversion #garageconversion #adu #dwellingunits

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