NEW: Amnesty Program for Unpermitted ADUs in Berkeley

January 20, 2026

Great news for Berkeley homeowners!

ADUs (accessory dwelling units) have been big news in California recently. In October we wrote about how new statewide zoning changes make it easier than ever to construct new ADUs adjacent to single family homes.

But what about all the numerous existing ADUs - the ones that were built over the years without permit?

In Berkeley alone it's estimated that there could be as many as 4,000 or more of these unpermitted ADUs and Junior ADUs (a living space built from an existing structure or space on the property with a max size of 500 sq ft.) and the city has a new program to encourage homeowners to legalize them.

If you own a home in Berkeley with an unpermitted space like this - now is the time to address it!

Bringing an ADU into compliance with the city will:

Improve your resale value
Create more options for renting the space
Eliminate the risk of future permit enforcement
*Potentially* allow you to sell the ADU as a separate condo someday (this is still in the works, so TBD)

This new program allows homeowners to avoid fines and penalties if they bring their existing units up to basic safety standards. Advocates argue the program could unlock hundreds or even thousands of relatively affordable rental units in one of the nation’s most expensive housing markets, where one-bedroom rents average $2,200 and student housing is notoriously hard to find. By encouraging owners to legalize existing units, the city hopes to improve tenant safety while easing the housing shortage.

The program is open through the end of 2028 and currently applies only to single-family properties with ADUs or JADUs built or converted before 2020, such as garage, basement, or attic conversions, or backyard cottages.

Participation is voluntary, and to encourage participation the city is offering strict confidentiality, allowing owners to seek consultations without identifying themselves or their property. Email [email protected] to schedule a consultation.

HELPFUL LINKS:

Review the program rules here.

Contact us here for more info on how this may affect resale value and for recommendations to vendors that can help with repairs, architectural drawings, and necessary modifications.