Legalize Your Unpermitted Accessory Dwelling Unit (ADU) or Junior ADU

Benefits to legalizing your unpermitted ADU/JADU: 

1. Increases homeowner income as legalized units can be rented out long-term (30 days or more)
2. Reduces health and safety risks for occupants as units are inspected by professional inspectors
3. Reduces legal liability (home insurance doesn't always cover damages to unpermitted ADUs)
4. Increases property value and appeal to buyers (value can exceed $100,000 or more)
5. Peace of mind: avoids risk of penalties or code enforcement citations
6. Generous time is granted under the Amnesty Program (for applicable ADUs) to bring your ADU into compliance, assuming there are no immediate health or safety dangers

Take advantage of the limited opportunity to legalize and update your unpermitted ADUs/JADUs! 

1. Contractors who are licensed by the State of California with a classification appropriate for the work that will be performed and have a current Business Tax Certificate; and/or

2. Owners of a building or their legal representative.

• Planning Code Amnesty: A waiver of any existing violations of the Planning Code (setbacks, height, size, lot coverage, location, or any other planning or zoning requirements) that would preclude legalization of the ADU/JADU if the ADU was constructed prior to January 1, 2021. 
• Building Code Enforcement Delay: A delay in enforcement and temporary suspension of any associated penalties until any Building Code violation is fixed for up to five (5) years or until January 1, 2035 so long as the ADU/JADU was constructed prior to January 1, 2020.*

  *Note: a Code Enforcement delay does NOT apply if an ADU/JADU is dangerous to public health or has safety violations

Determine if you are eligible for the Oakland Amnesty Program

Responses to all statements below must be YES or N/A to continue with the process of applying for amnesty:

1. ADU/JADU was built and occupied before January 1, 2021
2. Owner can provide proof ADU/JADU was built and occupied before January 1, 2021 (through evidence and Affidavit)
3. No modifications were made to ADU/JADU after January 1, 2021 except for modifications made to satisfy Building Code requirements
4. The number of ADUs on the lot does not exceed the legal maximum 
   • See application pages for ADUs with single-family homes and ADUs with multifamily homes to verify the number of allowed ADUs
5. Amnesty application is submitted before January 1, 2030
   • Note: if you have an open Building Code violation case, you have up to five (5) years to correct the issue from the date the violation was verified by the Building Bureau
6. ADU is located outside of S-9 Fire Safety Protection Zone (S-9 Zone)
   • Check if your property is in the S-9 Zone

If your ADU/JADU was created on or after January 1, 2021, it is not eligible for the Amnesty Program. However, you may still legalize your ADU/JADU by going through the application process as if it was not already created. To legalize your ADU/JADU, it will also need to immediately comply with all ADU/JADU development regulations.  

Things to keep in mind: 

• To receive Zoning Approval, you may need to redesign your ADU/JADU to bring it into compliance with Oakland Planning Code section 17.103.080
• To receive Building Permits for your ADU/JADU, you will need to provide complete plans showing how your ADU/JADU complies with current Building Codes.
• To pass inspections and receive your Certificate of Occupancy, you will need to expose sections of your construction to ensure your unit is structurally sound, habitable, and meets all mechanical, electrical and plumbing code requirements.
• For details on Zoning and Building Permit requirements and state and local codes, visit our main Accessory Dwelling Units (ADUs) webpage.  

All violations listed below must be fixed as soon as possible in order for your ADU/JADU to be eligible for Oakland's Amnesty Program:

• The unit has significant structural damage or defects due to deterioration (ex: tilting walls or sagging roofs)
• There is no direct exit from the unit to the outside and there is no emergency escape windows in the rooms used for sleeping purposes
• Rooms used for sleeping purposes have a gas furnace, water heater, stove or other gas appliances
• A person is using the space as a place to live but it doesn't comply with the requirements for habitable space of the Oakland Municipal Code

Be prepared to submit the required materials listed below to apply for Planning Code Amnesty/Building Code Enforcement Delay. These materials must be submitted to receive your Zoning Approval and Building Permits to begin construction and to legalize your ADU/JADU. 

Planning Requirements

• For amnesty/enforcement delay: 
  • Color photographs of property and surrounding structures
  • Evidence ADU/JADU was created and occupied before January 1, 2021 for the Oakland Amnesty Program or January 1, 2020 for the Enforcement Delay Program (ex: copy of lease and signed affidavit with evidence. See Affidavit on file with City.)
• For ADU/JADU legalization process: 
  • site plan, floor plans, and elevations

Building Requirements (for legalization process only)

• Building Plans
  • Title block 
  • Scope of work
  • Title 24 energy documentation
  • Site plan (showing location of proposed new utility meters as per joint information bulletin)
  • Demolition plan
  • Floor plans 
  • Construction sections
  • Elevators
  • Foundation plan (floors and roof)
  • Framing plans
  • Details and sections (referenced from plans)
  • Structural calculations 
  • Zoning approval stamp  
• Building Criteria Checklist for Accessory Dwelling Units (with Single-Family home OR with Multi-Family home) 
• EBMUD Fire Hydrant Flow Data Report for substantial renovations of primary residential facility
  • Visit ebmud.com/fire or call (510) 287-1842 for more information

If your unpermitted ADU or JADU was constructed before January 1, 2020, the following applies, as provided in State law, passed as AB 2533: 

• The City is prohibited from penalizing an applicant for having the unpermitted unit if constructed before January 1, 2020 so long as the applicant applies for and obtains necessary permits to correct noncompliance with health and safety standards. Please refer to the City's AB 2533 Checklist to determine whether your ADU/JADU complies with health and safety standards. 
• The City shall not deny a permit to legalize an unpermitted ADU or JADU built before January 1, 2020 but that is in violation of California building standards (codes) that are not related to health and safety violations or does not comply with any local ordinance regulating ADUs or JADUs.  
• The property owner applying for a permit to legalize an unpermitted ADU or JADU shall not be required to pay impact fees or connection or capacity charges except where utility infrastructure is required to comply with Health and Safety Code section 17920.3

Be prepared to submit the required materials listed below to apply for legalization of your ADU through AB 2533. These materials must be submitted to legalize your ADU. 

Building Permit Requirements 

• A completed AB 2533 Application & Checklist(PDF, 686KB)  
• A completed City-provided Affidavit Form (see AB 2533 Application & Checklist(PDF, 686KB), pp. 15-16) regarding construction/conversion date
• Documentation providing owner occupancy either in primary unit or JADU, if the unpermitted unit is a Junior ADU without its own bathroom
• Construction documents, including fully dimensioned site and floor plans showing all buildings and parking areas, heights of ceilings, window type and dimensions, and labeling of each building and room's use. (Applicants may request to have their plans reviewed under the current code cycle or the code in effect at the time the unit was constructed or converted)