Solano County, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Rule
- Owner must occupy primary home or the JADU
- Governing Section
- Solano County Code § 28.72.10(B)(2)(q)(1)
- Exception
- Waived for government agency, land trust, housing org
- Paperwork
- Deed restriction recorded before JADU construction
- Not Required For
- Standalone ADUs without a companion JADU
Summary
Solano County requires the property owner to live in either the primary home or the junior accessory dwelling unit before a JADU can be built, per Section 28.72.10(B)(2)(q)(1), unless the owner is a government agency, land trust, or housing organization; standalone ADUs carry no such occupancy condition.
q. Additional Requirements for Junior Accessory Dwelling Units
(1) Either the primary dwelling or the junior accessory dwelling unit shall be occupied by the property owner, unless the owner is a governmental agency, land trust, or housing organization.
(2) Prior to construction of the junior accessory dwelling unit, the property owner shall record a deed restriction, which shall run with the land, that includes both of the following:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
ii. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with the development standards in this section.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 1868, passed April 9, 2026).
Full Breakdown
10(B)(2)(q) lists the "Additional Requirements for Junior Accessory Dwelling Units" layered on top of the general ADU/JADU development standards. The first, subsection (q)(1), conditions every JADU permit on owner-occupancy: either the primary dwelling or the junior accessory dwelling unit must be occupied by the property owner, unless the owner is a governmental agency, land trust, or housing organization. Before construction, subsection (q)(2) also requires the owner to record a deed restriction running with the land that bars selling the JADU separately from the single-family residence and locks in the size and design limits the county approved, a restriction a title company or the county recorder can confirm is on file.
Subsection (q)(3) requires the JADU to include an efficiency kitchen with a cooking facility and a food-preparation counter and storage cabinets, and (q)(4) bars renting the JADU for 30 days or less. Notably, Solano's code does not impose an equivalent owner-occupancy condition on a standalone accessory dwelling unit built without a JADU, consistent with the state-law change that stripped local owner-occupancy mandates for ADUs alone; the county kept the occupancy condition only where the code lets a homeowner carve a JADU out of an existing house.
Violations & Fines
Building or occupying a JADU without owner-occupancy of either unit, or without the recorded deed restriction required by subsection (q)(2), is a permit and zoning violation the Department of Resource Management can enforce; a JADU discovered without the deed restriction on file can be required to record it retroactively or face code-enforcement abatement under Chapter 10.
Frequently Asked Questions
Do I have to live on the property to build a JADU in Solano County?
Is there an exception to the owner-occupancy rule?
Does a regular ADU also require owner-occupancy?
Sources & Official References
Other rules in Solano County
California rules heatmap·Compare Solano County to another location·View the California accessory structures overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.