San Benito County, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner must reside
- On the property
- Exemption
- Govt/nonprofit-owned property
- Deed restriction
- Recorded before permit issues
- JADU resale
- Cannot sell separately
Summary
A junior accessory dwelling unit in unincorporated San Benito County requires the property owner to live on-site, and the county records a deed restriction barring the JADU from being sold separately.
Owner occupancy requirements for junior ADUs. 1. A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person's legal domicile and permanent residence. 2. The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or non-profit housing organization. 3. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).
Full Breakdown
Unlike full-size ADUs, a junior accessory dwelling unit in San Benito County comes with an owner-occupancy string attached: whoever holds legal or equitable title to the primary dwelling must live on the property, in either the main house or the JADU, as their permanent legal residence. The requirement drops away only if the property is entirely owned by a government agency, land trust, or nonprofit housing organization. Before the county issues a building permit for the JADU, the owner must record a deed restriction running with the land that bars selling the JADU separately from the primary home.
Violations & Fines
Selling or occupying a JADU in violation of the recorded owner-occupancy deed restriction breaches a title covenant enforceable against the property owner and any future owner, on top of standard code-enforcement remedies.
Frequently Asked Questions
Do I have to live on-site to build a junior ADU?
Can I sell my junior ADU separately from the main house?
Sources & Official References
Other rules in San Benito County
California rules heatmap·Compare San Benito County to another location·View the California accessory structures overview
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