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ADUs · AB 2533

AB 2533: unpermitted ADUs built before 2020

It is a path to a permit, not a free pass. The unit has to be safe. The city still inspects. New work still follows today’s energy code.

A compact backyard ADU with stucco and wood siding, olive tree, and drought-tolerant planting at dusk

Assembly Bill 2533 (Carrillo) was signed September 28, 2024, and took effect January 1, 2025. The current statute is California Government Code section 66311.7 — renumbered from 66332 by SB 543, effective January 1, 2026. It is a retroactive permitting path for some unpermitted accessory dwelling units and junior accessory dwelling units. It is not automatic amnesty.

The unit is not legal until a permit is obtained and inspections pass. After you apply, the city may still inspect. We are not the city. We are the third-party health and safety inspection the statute allows before you file. Call or send the address.

Who qualifies

  • Unpermitted ADU or JADU constructed before January 1, 2020
  • You still have to apply for a permit and pass inspection
  • Before applying, you may get a confidential third-party code inspection from a licensed contractor

Who does not

  • ADUs or JADUs built on or after January 1, 2020
  • A building already deemed substandard under Health and Safety Code section 17920.3
  • The unit is not legalized until the permit is issued and inspections pass

What the city can and cannot deny

For a qualifying unpermitted ADU or JADU, a local agency shall not deny a permit because the unit violates building standards (Health and Safety Code starting at 17960), or because it does not comply with state ADU/JADU rules or a local ADU ordinance.

Exception: the local agency may deny if it finds that correcting the violation is necessary to meet Health and Safety Code section 17920.3 (substandard building).

After an application, a local inspector may inspect for health and safety, must not penalize the owner for having the unpermitted unit, and must approve the permits needed to correct health and safety noncompliance.

Fees that go away

  • No impact fees or connection/capacity charges, except when utility infrastructure is required to meet 17920.3 and the fee is authorized by Gov. Code 66311.5(e)
  • City of San Diego: no water/sewer capacity fees if the project is in accordance with AB 2533
  • City of San Diego: no C&D debris recycling deposit for qualifying AB 2533 projects

Fees that can still show up

  • School fees may still apply
  • Utility infrastructure fees when required to meet 17920.3 and authorized by statute
  • Fire access still applies (CFC 503 and local amendments)

What “substandard” actually means

The city’s Attachment A checklist is built on Health and Safety Code 17920.3. Typical items: smoke alarms, carbon monoxide alarms, emergency escape openings, sanitation, heat, light and ventilation, structural hazards, wiring/plumbing/mechanical in safe condition, weather protection, and exits. Typical corrections in San Diego are smoke/CO alarms, egress windows, and light and ventilation.

Coastal and other San Diego limits

City of San Diego Information Bulletin 242 (May 2026): this bulletin shall not be used in Coastal Act areas. A coastal development permit is still required there.

Extra limits that take a San Diego project out of the streamlined path: fault, landslide, or liquefaction area; excavated under-floor space; materials not allowed by the Building Code; on a public or private easement; attached to an apartment or commercial building.

Apply online for a building permit and say AB 2533 in the scope. You will need to prove construction before January 1, 2020, and submit a site plan, floor plan, and completed Attachment A. For the city’s process, read IB-242. For whether it fits your lot, call us or email — we are not the permit counter.

This is not an Energy Code holiday

AB 2533 is a health-and-safety legalization path. It does not waive current Energy Code (Title 24, Part 6) for new work. City IB-242: new alterations, remodeling, and additions to the unpermitted work must comply with current California building codes. Work or equipment installed after January 1, 2020 — heating, electrical, water heaters — is inspected to current codes.

If legalization work includes new HVAC, new water heating, new ducts, or other measures that trigger 2025 Title 24 Part 6 (permit applications on or after January 1, 2026), those measures still need the current compliance documents and any field verification they trigger.

What Anchors Aweigh does

We perform the health and safety inspections used to legalize an unpermitted ADU under AB 2533. That is the confidential third-party code inspection Government Code 66311.7 lets a homeowner obtain from a licensed contractor before filing a permit — so you know the existing condition and the scope of improvements.

We still do Title 24 / HERS (ECC) field verification if the correction work triggers the Energy Code. Tell us the address. Call 858-254-1189.

Ready when you are

If the energy code has you turned around, pick up the phone.

Anyone working construction in California feels the same way. We will tell you what is required, who signs what, and when to schedule the test.

No Teams? Text with me.

Or call 858-254-1189