Under BMC 23.304 and California Government Code 65852.2(a)(8), Berkeley does NOT require owner-occupancy for standard ADUs permitted between January 1, 2020 and December 31, 2024. Owner-occupancy is required only for Junior ADUs (JADUs) under Gov. Code 65852.22, with a recorded deed restriction.
California state law preempts local owner-occupancy rules for standard ADUs. Government Code 65852.2(a)(8) prohibits Berkeley from imposing an owner-occupancy requirement on any ADU permitted from January 1, 2020 through December 31, 2024. For ADUs permitted on or after January 1, 2025, state law allows local owner-occupancy rules, but Berkeley's BMC 23.304 has NOT adopted such a requirement for standard ADUs - so owner-occupancy remains optional. Junior ADUs (JADUs - up to 500 sq ft inside the primary dwelling) carry a different rule under Government Code 65852.22(a)(2): the owner must occupy either the primary dwelling or the JADU, with a deed restriction recorded against the property prohibiting separate sale and requiring continued owner-occupancy. The deed restriction must be recorded with the Alameda County Recorder before issuance of the Certificate of Occupancy. The JADU deed restriction also prohibits rentals shorter than 30 days. There is no limit on the number of unrelated occupants for an ADU - California Gov. Code 65852.2(a)(6) treats ADU occupants like single-family occupants. Berkeley's rent-control ordinance under BMC Chapter 13.76 applies to rental ADUs in the same way as any other rental unit (see the rental restrictions topic for details).
Failing to record the JADU deed restriction blocks issuance of the Certificate of Occupancy. Violating the JADU owner-occupancy requirement is enforced through deed-restriction enforcement and code-compliance citations under BMC 1.28 starting at $100. Berkeley can also seek injunctive relief and revocation of the Certificate of Occupancy.
Berkeley, CA
Berkeley has no municipal ordinance limiting lawn ornaments, statues, or yard art on private property. HOA architectural guidelines under the Davis-Stirling ...
Berkeley, CA
Berkeley has no municipal ordinance limiting inflatable holiday decorations on private property. HOA architectural rules under the Davis-Stirling Act apply i...
Berkeley, CA
Berkeley has no municipal ordinance limiting holiday lights on private residential property. Restrictions come from HOA architectural rules under the Davis-S...
Berkeley, CA
Permanent outdoor kitchens in Berkeley require building, plumbing, electrical, and/or gas permits under BMC Chapter 19.28 (Building Code) when they include u...
Berkeley, CA
Berkeley treats outdoor smokers as open-flame cooking devices under California Fire Code 308.1.4 as adopted in BMC 19.48. Multifamily balcony setbacks (10 ft...
Berkeley, CA
Berkeley enforces the California Fire Code (CFC) as adopted in BMC Chapter 19.48. CFC 308.1.4 prohibits open-flame cooking on combustible balconies or within...
Side-by-side rule comparisons with other cities in Alameda County.
See how other cities in Alameda County handle adu owner occupancy.
See how Berkeley's adu owner occupancy rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.