State ADU Law Moved — But Without Change
In March 2024, the California Legislature enacted Senate Bill 477 as an urgency measure. SB 477 was signed by Governor Newsom on March 26, 2024, and it took effect immediately. The bill’s purpose is to make state law governing Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”) easier to read and navigate. It does so by relocating numerous Government Code sections into a new chapter, and, within that chapter, key regulations are divided into smaller sections by topic area. SB 477’s changes to state law are only organizational; none is substantive. Noteworthy features from SB 477 are summarized below.
SB 477 Overview
SB 477 adds a new Chapter 13 to Division 1 of Title 7 of the Government Code. The new Chapter 13 is divided into four articles and each article is further divided into various sections. The articles are organized as follows:
- Article 1 – General Provisions. The Legislature’s findings and declarations regarding ADUs (formerly located in Government Code section 65852.150) are now provided in Government Code sections 66310, 66311, and 66312. All definitions governing the creation of ADUs and JADUs (formerly located in Government Code sections 65852.2 and 65852.22, respectively) are now provided in Government Code section 66313.
- Article 2 – ADU Approvals. The regulations governing the creation of ADUs (formerly located in Government Code sections 65852.2 and 65852.23) are now located in Government Code sections 66314–66332. By and large, each section contains one or more former subdivisions of Government Code section 65852.2 (e.g., the former Government Code section 65852.2(a) is now generally located in Government Code sections 66314–66319, and the former Government Code section 65852.2(e)(1)(A)–(D) is now provided in Government Code section 66323).
- Article 3 – JADUs. The regulations governing the creation of JADUs (previously located in Government Code section 65852.22) are now provided in Government Code sections 66333–6339. The same pattern identified above is present in Article 3 (the subdivisions of former Section 65852.22 are now given their own section numbers in this new article).
- Article 4 – ADU Sales. Before SB 477, local agencies were required to allow an ADU to be conveyed separately from the primary dwelling if it is developed by a qualifying non-profit entity and restricted to certain households in accordance with Government Code section 65852.26. SB 477 moved Government Code section 65852.26’s regulations to Government Code section 66341. Additionally, state law’s option for local agencies to allow ADUs to be conveyed as condominiums (previously contained in Government Code section 65852.2(a)(10)) is now located in Government Code section 66342.
Takeaways
SB 477 was enacted as an urgency measure and is now in effect. Its changes are only organizational and not substantive — it relocated and consolidated the state’s ADU and JADU regulations into a new Government Code chapter.
Any cross-references to the former Government Code sections (e.g., 65852.2, 65852.22, 65852.26) should be updated as part of the local agency’s next ADU ordinance update.
To further understand these changes and to learn more, consult your BBK attorney or contact us.
Authored by BBK Partner Todd R. Leishman and Associate Ryan Stager
Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.
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