(or any other unpermitted work)
If you built an ADU without permits or own a property that has been red tagged by the City for having an illegal unit – please know that the State wants you to legalize it and make it a home for somebody!
This post is California-specific but many jurisdictions want to help homeowners legalize ADUs and have developed programs to assist. In California, the State’s ADU laws make legalizing unpermitted dwelling units much easier than they used to be.
Here are the steps we regularly work through to help homeowners with that process.
Step 1 – Getting Caught!
Usually, having unpermitted work only becomes a meaningful problem if you get caught.
That happens in three typical ways.
1) Somebody complains and the City or County acts
2) When you are selling the home, an appraiser or Title Company notices unpermitted work which means a federal lender usually cannot let a loan go through until the unpermitted work is remedied
And, 3) Community Development Departments just catches you!
Some cities or counties offer incentives for legalizing ADUs, such as grants or expedited permitting processes so do check with your local building department or friendly-neighborhood architect.
Step 2 – Can the Work be Made Legal?
To make an unpermitted structure legal, we need to understand if what was built would be allowed to be built today based on the appropriate zoning codes and planning laws.
If it cannot legally be built, it may need to be restored to its previous condition.
With ADUs, California State Legislation makes it relatively easy to build an ADU on a residential property in a residentially zoned area so long as it is within the required setbacks, if new construction, or is inside a structure that was legally built – such as an old garage – even if it was on the lot line.
This involves a site survey by the architect to check the existing conditions, and then research of the current zoning codes and permit history.
In most cases, there is a relatively simple path towards legalization.
Step 3 – Audit Against Building Code
Once we have determined that what was built is now allowed to be built, we then need to make sure it has been built safely and in line with the current Building Code.
For a legalization, the Building Department will expect to see a best guess (by an architect) or what existed, what has been built that is code compliant, and what should have been built that was not.
Most walls are usually in the right places, or close enough. Where unpermitted builders make mistakes are typically the following:
Bedrooms not having an egress window
Toilets, vanities, and showers not having the required clearances
Habitable rooms not being at least 7’-0” in two directions
Incorrect electrical outlets in kitchens and bathrooms – and usually not enough of them
Not enough daylight in living rooms or kitchens
Not installing adequate insulation
Your architects will need to prepare a drawing package that shows their best professional guess of what existed and then shows how it should have been built in accordance with the current Building Code.
These drawings get submitted to the Building Department for Plan Check identifying the project as a legalization effort.
This was, largely, the easy part!
Step 4 - (Re)Construction
Once your Local Building Department approves the plans, you will then need to have a contractor start work on anything that needs to be brought up to code and to work with the City’s Building Inspector to verify everything else has been built per the current code.
If the unpermitted work has been built to code, this process should be relatively straightforward, especially if you kept good records during construction. If not, the effort to demonstrate compliance or reconstruct to be compliant, unfortunately, may well be quite disruptive and costly.
Some portions of work may need to be opened-up such as verifying framing and insulation are correct, that plumbing lines are the correct size and material, and even that the foundations have been properly constructed. Illegal garage conversion ADUs have often missed the required footing where a new wall was constructed at the old garage doors.
How disruptive it could be will really depend on the personnel you get from the local jurisdiction. Most will do their best to be helpful and minimally invasive but some, unfortunately, will confirm your worst suspicions of building department officials.
We had one client who had to remove nearly all their drywall to verify the framing and electrical work was done correctly. We had another who just had to punch one hole in one wall.
Step 5 – Final Inspection!
Once you get through final inspection, your ADU is illegal no more the path to it won’t have been as fraught as you might remember.
We do help folks with work through legalization projects all the time and can help you with yours!?
Please reach out to us at design@dwelling-lab.com or call Neil, 312-952-9680 (he's done a bunch of them!).
FAQs
How Long Will This Take?
How Much Will It Cost?
There are too many variables to give a clear answer but there are the costs to be aware of:
Architects Fees (We typically charge a fixed fee for most ADU legalizations)
Potential Structural Engineering Fees
Permit Fees
Potential Impact Fees
Construction Costs (will vary depending on how disruptive the code required upgrades or verifications need to be)
Potential Electrical Service upgrades or new meter installation
Will My Property Tax Go Up?
Are There Any Other Legal Considerations?
As architects, we can help bring a building up to the current requirements of the relevant Building and Zoning Codes.
If you bought a property which, unknown to you, had illegal work carried out and you subsequently got caught by the local authorities, or have any other questions – we can help direct you to a great attorney!
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