Amnesty Program for Unpermitted Dwelling Units

Font Size: + -

Feedback Print

The Amnesty Program for Unpermitted Dwelling Units is offered to encourage residents to legalize and improve the safety of a single-family, multi-family, accessory dwelling unit (“ADU”), or junior accessory dwelling unit (“JADU”) structure(s) which were either constructed or converted without obtaining the necessary building permits.

Why Should You Legalize Your Dwelling Unit?

Reduce possible unknown risks to occupants! Having the dwelling unit inspected for compliance with safety standards will provide a level of assurance for life safety, and minimize risks to the dwelling unit occupants.
Reduce liability! In the event of a property loss or damage due to an event such as a fire or an earthquake, your insurance may not cover damages to unpermitted construction or illegal conversions of space to dwelling units.
Ease of mind! Legalizing the dwelling unit will eliminate worries about liabilities or a code enforcement action against you.
Add legitimacy when finding tenants! Prospective tenants' due diligence when researching your rental unit's status with the City can be documented as legally constructed/approved and can reduce potential penalties or fines.

Roadmap to Legalization

Complete the Checklist Below. Complete the checklist to find answers to most questions that will help you to assess if the program will work for you.

Consultation with Planning and Building Division Staff. Call the Building Division (see contact information below) to ask any questions you might have on this checklist and to confirm your dwelling unit is eligible. You will not be asked for your name or address until you are ready to proceed with Step 3 below.

Based on your needs, staff will work with you to help identify which legalization path to follow:

Path 1: Apply for a Building Permit and Receive a Certificate of Occupancy. Requires compliance with California Building Code requirements, the Zoning Ordinance, and California Health and Safety Code Section 17920.

Path 2: Apply for a Certificate of Health and Safety Compliance. Requires compliance with only California Health and Safety Code Section 17920 (no California Building Code or Zoning compliance required).

A description of the key differences between these pathways is provided below:

Description	Certificate of Occupancy (Path 1)	Certificate of Health and Safety Compliance (Path 2)
Legalized Dwelling Unit	YES	YES
Permit Fees	Based on percent of valuation of estimated construction/conversion costs (costs vary)	Reduced flat fee
Code Standard Requirements	1) California Building Code standards (or code from year of construction/conversion) 2) Zoning Ordinance 3) California Health and Safety Code Section 17920	1) California Health and Safety Code Section 17920
Zoning Compliance	YES	NO
Energy and Green Building Code Upgrades Required?	NO	NO

Initial Inspection. If it’s determined the dwelling unit is eligible for amnesty and you agree to proceed with this program, then the coordinator will request the following:
- a copy of your completed checklist
- the property address
- your contact information
- a preliminary site-plan
- proof the dwelling unit was constructed before January 1, 2025
- a completed Building Permit Application
The coordinator will also work with you to schedule an initial inspection by the City’s Building Division. Upon scheduling the initial inspection, you are now required to correct any code discrepancies, as deemed by the inspector, in a timely manner to legalize the dwelling unit. This inspection will include an examination of the dwelling unit to determine if the dwelling unit complies with Health and Safety Code Section 17920.3 (and additional requirements if requesting a Certificate of Occupancy). A copy of this report will be made available to you. Alternatively, you are legally entitled to obtain a confidential third-party inspection from a licensed contractor to determine the dwelling unit’s existing condition and/or potential scope of building improvements before submitting an application and agreeing to the initial inspection with the City’s Building Division. However, this is not a requirement.

If the inspection determines there are compliance issues, then see Step 4.

If the inspection determines there are no compliance issues, then skip to Step 5.
Resolve Any Outstanding Issues. If the initial inspection determines the dwelling unit does not comply, then you will be required to resolve any identified issues. In some instances, the required work may require a Building Permit and it’s recommended you work with a licensed contractor, designer, or architect to complete the necessary work. Assuming the issues are non-life threatening, you can apply for an enforcement delay via the Dwelling Unit Code Compliance Delay Request Form. The delay allows you up to five years to remedy the non-health and life safety violations before being subject to code enforcement to complete the amnesty process, so long as you put forth a good-faith effort. Depending on the level of work required and prior to making any repairs, you may also be required to complete a Tenant Habitability and Relocation Plan Checklist describing how you will maintain habitability for the tenant and any impacted adjacent units while repairs are being performed, and/or accommodate a temporary relocation for the tenant(s).
Request Final Inspection. Once you have resolved any outstanding issues, contact the Building Division to request a final inspection. If the inspector determines the dwelling unit is now safe to occupy, then the City will issue a Certificate of Health and Safety Compliance (or Certificate of Occupancy) and your dwelling unit will be legalized!

Resources

Contact Us