Berkeley, CA Accessory Structures: ADU Impact Fees (2026)

California state law - Government Code 65852.2(f)(3) - prohibits Berkeley from charging any impact fees on an ADU under 750 sq ft. This exempts the unit from Berkeley's Housing Trust Fund Fee (BMC 22.20.065), Affordable Housing Mitigation Fee, Transportation Demand Management fee, school impact fees (Berkeley Unified School District, currently around $5.17/sq ft per BUSD resolution), and sewer/water capacity charges from EBMUD. For ADUs 750 sq ft or larger, impact fees must be charged proportionally based on the ratio of ADU floor area to primary dwelling area, per Gov. Code 65852.2(f)(3)(B). Berkeley's regular building permit and plan-check fees apply at any ADU size and typically run $4,000-$8,000 due to Berkeley's fee schedule and elaborate plan review (Berkeley Building Code adopted in BMC 19.28, accessibility review, seismic review for hillside lots, and energy compliance). The Berkeley Housing Trust Fund Fee on new market-rate housing is $34,000+ per unit but is waived for sub-750 sq ft ADUs by state preemption. EBMUD capacity charges and BUSD school fees are also subject to the state exemption. For Coastal Zone properties - Berkeley has no Coastal Zone. For lots within the Berkeley Historic Preservation Overlay or designated landmarks, additional historic resource review fees apply under BMC 23.328.