California ADU Rules Law: Statewide Accessory Structures Rules (2026)

Key Facts

Statute: Gov Code 65852.2
Approval timeline: 60 days ministerial
Max size: 1,200 sq ft
Parking near transit: None required

Source: California Government Code 65852.2

Full Breakdown

California ADU law requires ministerial (no discretionary review) permits within 60 days, allows ADUs up to 1,200 square feet, prohibits owner-occupancy mandates for permits issued through 2025, eliminates parking requirements within a half mile of transit, and forbids minimum lot sizes for ADUs. Junior ADUs (JADUs) up to 500 square feet are permitted in single-family zones. Local agencies must approve at least one ADU and one JADU per single-family lot. The Department of Housing and Community Development reviews and may invalidate non-compliant local ordinances.

Violations & Penalties

Non-compliant city denials can be reversed by HCD; applicants may sue for fees and damages under Government Code 65852.2(l).

Frequently Asked Questions

Can my city require owner occupancy for an ADU?

Not for ADU permits issued before 2025; for later permits, owner-occupancy may be imposed only if state law allows. JADUs require owner-occupancy by statute.

What happens if my city denies a compliant ADU?

You may appeal to HCD, sue under Government Code 65852.2(l), and recover attorney fees if the local ordinance violates state ADU law.

California ADU Law Strongly Preempts Local Restrictions

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

See something wrong?