Accessory Structures in Berkeley, CA (2026)
9 verified accessory structures rules for Berkeley, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
Berkeley regulates ADUs and JADUs under Berkeley Municipal Code Chapter 23.306. One ADU plus one JADU is allowed per single-family lot citywide (Hillside Overlay allows one ADU OR one JADU). New detached ADUs are limited to 16 feet in height, with a 4-foot minimum side and rear setback, and JADUs are capped at 500 sq ft within the existing dwelling.
Berkeley ADU Permit Requirements
Few RestrictionsADU Permits
Berkeley processes ADU permits ministerially under Berkeley Municipal Code Section 23.304 (Accessory Dwelling Units) and California Government Code 65852.2. Applications go through the Permit Service Center; the city must act within 60 days of a complete application. Berkeley imposes design review only when state law allows.
Berkeley ADU Permit Process (BMC 23.304)
Some RestrictionsADU Impact Fees
Under California Government Code 65852.2(f)(3) and BMC 23.304, Berkeley ADUs under 750 square feet are exempt from all city impact fees. ADUs 750 square feet or larger pay impact fees proportional to the primary dwelling. Berkeley's permit fees themselves remain among the highest in the East Bay.
Berkeley ADU Impact Fees and 750 Sq Ft Exemption
Some RestrictionsADU Owner Occupancy
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.
Berkeley ADU Owner-Occupancy Rules (JADU Only)
Few RestrictionsADU Rental Restrictions
Berkeley prohibits short-term rentals (under 14 days) of any ADU under BMC Chapter 23.318 and the Short-Term Rental Ordinance (BMC 23.318). Long-term ADU rentals (30+ days) are subject to Berkeley's Rent Stabilization Ordinance (BMC 13.76) - however, newly constructed ADUs are exempt from rent ceiling under the Costa-Hawkins Rental Housing Act.
Berkeley ADU Rental Restrictions and Rent Control
Heavy RestrictionsShed Rules
Sheds under 120 sq ft and 12 ft tall are permit-exempt in Berkeley. Larger structures need permits, fire zone sheds must meet WUI standards, and setbacks apply to all sheds.
Berkeley Shed Rules
Some RestrictionsGarage Conversions
Berkeley allows garage-to-ADU and garage-to-JADU conversions under BMC 23.306, consistent with California Government Code §65852.2. No replacement parking is required when a garage is converted to an ADU, and the existing garage's setbacks are preserved for the converted footprint.
Berkeley Garage Conversion to ADU Rules
Few RestrictionsCarport Rules
Carports require building permits and must meet setbacks. Front-yard carports are restricted; fire zone carports need WUI-compliant materials.
Berkeley Carport Rules
Some RestrictionsTiny Homes
Tiny homes on foundations qualify as ADUs under Berkeley and state law. Tiny homes on wheels (THOWs) are not permitted as permanent dwellings; RV-parked living is prohibited.
Berkeley Tiny Home Rules
Some RestrictionsLooking for Alameda County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Berkeley city rules.
Accessory Structures in Alameda County →