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Can You Sell an ADU in California? Understanding California AB 1033

Accessory Dwelling Units (ADUs) are becoming a popular solution for housing in California. Homeowners often wonder if they can sell an ADU separately from the main property. This leads us to California Assembly Bill 1033 (AB 1033), which addresses this question. Here’s what you need to know about selling an ADU and the impact of AB 1033.


Can You Sell an ADU Separately?


Traditionally, ADUs are considered part of the primary property and cannot be sold independently. They are seen as extensions of the main home. However, AB 1033 introduces conditions under which an ADU can be sold separately.


Understanding California AB 1033


What is AB 1033?

California Assembly Bill 1033, known as the "ADU Sales Law," allows for the separate sale of ADUs under specific conditions. The bill aims to increase affordable housing options by providing more flexibility for homeowners.


Key Points of AB 1033:

  1. Separate Ownership:

  • Allows for separate ownership and sale of ADUs and primary residences if conditions are met.

  1. Conditions for Separate Sale:

  • Property must be subdivided according to local regulations.

  • Both units must meet all building codes and safety standards.

  • Separate utility connections must be established.

  • Local jurisdiction must approve the subdivision and sale.

  1. Affordable Housing:

  • Aims to create more affordable homeownership opportunities.

Steps to Sell an ADU Separately


  1. Consult Local Regulations:

  • Check with local planning departments for specific requirements.

  1. Ensure Compliance:

  • Ensure both units comply with building codes and have separate utilities.

  1. Apply for Subdivision:

  • Submit a subdivision application to local authorities.

  1. Obtain Approval:

  • Get approval from the local jurisdiction to proceed with the sale.


Conclusion


California AB 1033 makes it possible to sell an ADU separately from the main residence, provided specific conditions are met. This opens up new opportunities for homeowners and buyers alike.

At EG Modern Construction, we guide homeowners through the complexities of ADU development and compliance with regulations like AB 1033. Contact us today to learn how we can help you maximize your property’s potential.


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