Berkeley, CA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Governing section
- BMC 23.306.040(C)(3)
- Minimum rental term
- 30 days
- Restriction recorded with
- Alameda County Recorder
- Runs with the property
- yes, binds future owners
- Separate-sale restriction
- Junior ADU never sellable apart from main home
Summary
Berkeley requires every ADU and Junior ADU to carry a recorded deed restriction barring rentals shorter than 30 days, filed with the Alameda County Recorder before the unit can be occupied, closing off short-term and vacation-rental use of these units.
C. Deed Restriction. The property owner shall file a deed restriction with the Alameda County Recorder which states: 1. The Junior ADU shall not be sold separately from the main building; 2. The ADU shall not be sold separately from the main building unless the conditions of BMC 23.306.040(D) ADUs Developed by a Qualified Nonprofit Developer are met; 3. The ADU and/or Junior ADU shall not be rented for a term that is shorter than 30 days; and 4. If the property includes a Junior ADU, the Junior ADU or the Single Family Dwelling in which the Junior ADU is located shall be owner-occupied.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
C requires the property owner to file a deed restriction with the Alameda County Recorder as a condition of building an ADU or Junior ADU. Among the restriction's mandatory terms, the ADU and/or Junior ADU shall not be rented for a term that is shorter than 30 days, which forecloses platforms like Airbnb or VRBO for stays under a month on these units specifically. 040(D), which include 45-year affordability restrictions and a right of first refusal back to the nonprofit. Because the 30-day floor is recorded against the property, it survives a sale of the house and binds future owners, not just whoever pulled the original ADU permit.
306 are carved out from that shorter-stay allowance and pushed the other direction, toward minimum 30-day tenancies, to keep ADU stock functioning as housing rather than lodging.
Violations & Fines
Renting an ADU or Junior ADU for a stay shorter than 30 days breaches the recorded deed restriction required under BMC 23.306.040.C and is enforceable by the City as a zoning violation against the property, independent of any separate short-term rental licensing rules that apply to other unit types.
Frequently Asked Questions
Can I list my Berkeley ADU on Airbnb for a weekend stay?
Does the 30-day minimum rental rule apply to future buyers of the house?
Can I sell my Junior ADU separately from my house in Berkeley?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California accessory structures overview
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ADU Rental Restrictions in Nearby Cities
How other cities in Alameda County handle adu rental restrictions.