Fairfield, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Trigger
- Any property with a JADU
- Owner may live in
- Primary residence or the JADU
- Exempt owners
- Government agency, land trust, housing organization
- Enforcement tool
- Recorded deed restriction runs with land
- JADU size cap
- 220 to 500 square feet
Summary
Fairfield requires the property owner to live on-site, in either the primary home or the new unit, whenever a junior accessory dwelling unit (JADU) is added, under Fairfield Municipal Code § 25.20.4.11.G. Detached ADUs built alone carry no such owner-occupancy requirement.
Owner occupancy of a residential property is required for any property with a JADU. The property owner may reside within the remaining primary residence or the newly created JADU. This subsection does not apply to a property owned by a government agency, land trust, or housing organization.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4962673; v0 updated 2026-02-17).
Full Breakdown
G requires owner occupancy of a residential property for any property with a junior accessory dwelling unit (JADU), meaning a unit no larger than 500 square feet built entirely within the walls of an existing or proposed single-family home. The property owner may satisfy the requirement by living in the remaining primary residence or by living in the newly created JADU itself; either arrangement complies. The requirement doesn't apply to property owned by a government agency, land trust, or housing organization, an exception that tracks similar carve-outs in state ADU law for affordable-housing providers.
22 and the Fairfield Municipal Code, and a copy must be filed with the Planning Division. Because the restriction runs with the land rather than the individual owner, a buyer of a property with an existing JADU takes on the same owner-occupancy obligation. By contrast, standalone detached ADUs built without a JADU on the same lot carry no owner-occupancy condition under this section, since the requirement in subsection G is triggered specifically by adding a JADU.
Violations & Fines
Renting out both the primary residence and the JADU with no owner living on-site breaches the deed restriction recorded under § 25.20.4.11.H and the owner-occupancy requirement in § 25.20.4.11.G, and can subject the property to code enforcement action by the City and potential legal action to enforce the recorded deed restriction against the property owner.
Frequently Asked Questions
Do I have to live at my Fairfield property if I build a JADU?
Does the Fairfield owner-occupancy rule apply to a regular detached ADU?
How does Fairfield enforce the JADU owner-occupancy requirement over time?
Sources & Official References
Other rules in Fairfield
California rules heatmap·Compare Fairfield to another location·View the California accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Solano County handle adu owner occupancy.