Q: Our neighbor tells us he now has an ADU and a couple lives in it. The structure is in his backyard so I want to be sure I know, just what is an ADU, and is it legal?
S.A., Hermosa Beach
A: ADU stands for accessory dwelling unit. Other names or descriptions include granny flat, in-law units, backyard cottages and secondary units.
Many tout the benefit of an ADU as a more affordable form of housing that can be constructed, or a structure that can be renovated, and which does not require paying for land, or significant new infrastructure, an elevator or parking. For a homeowner, the ADU can be a source of income. For the occupant(s), it can provide economical housing. Since Jan. 1, 2021, the California Health and Safety Code has mandated that cities and counties develop a plan to incentivize and promote ADUs.
So, yes, an ADU is legal here, but there are criteria and guidelines. Below is an informative online link that also includes a brochure published by the California Department of Housing and Community Development about ADUs.
There are various kinds of ADU: (a) Detached, which is a unit separated from the primary structure (this sounds like what your neighbor has in place); (b) Attached, which simply means attached to the primary structure; (c) Converted Existing Space, which signifies a storage area or garage that is converted to an independent living unit; and (D) Junior Accessory Dwelling Unit, a distinct type of converted space that already exists and which is fully contained as part of a single-family residence.
ADUs can come in different sizes and have a different number of rooms. Depending on these options, there are rules that may apply. Thus, consultation with a knowledgeable professional is most prudent. You may find that some businesses specialize in constructing ADUs. Due diligence is important to find a reliable, knowledgeable person to guide or to assist you.
Resource
The California Department of Housing and Community Development has a good link online that provides an array of information about ADUs. This includes a detailed brochure: hcd.ca.gov/policy-and-research/accessory-dwelling-units. If the link does not work for you, then type “California Department of Housing and Community Development, AUDs” in your web browser.
The idea of an ADU is not new. After all, people have long lived with each other: families stay together and make-do. But the regulation of the ADU and the benefits that an ADU can provid are relatively new and the field is developing.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.