Unpermitted Dwelling Unit Amnesty Program (AB 2533)

What is the Unpermitted Dwelling Unit Amnesty Program?

The Unpermitted Dwelling Unit Amnesty Program provides a pathway for homeowners to legalize unpermitted Accessory Dwelling Units, Junior Accessory Dwelling Units, and other unpermitted residential units, ensuring they meet the current building codes and safety standards.

This program offers a temporary window for homeowners to bring their unpermitted residential units into compliance without facing code enforcement penalties and fines. Cotati's program includes any residential units built without the required building permits.

By participating in the Unpermitted Dwelling Unit Amnesty Program, homeowners can ensure their properties are safe, legal, and compliant with current regulations, and enhance the livability and value of their homes.

Who Qualifies for the Unpermitted Dwelling Unit Amnesty Program?

The Unpermitted Dwelling Unit Amnesty Program is designed for homeowners who have unpermitted ADUs, JADUs, or other unpermitted residential unit(s) on their property. 

To qualify, you must be a property owner with an ADU/JADU/residential dwelling unit that was constructed without the necessary permits before January 1, 2020.

The key requirements to qualify for the Unpermitted Dwelling Unit Amnesty Program include:

  • Proof of Construction Date: Homeowners must provide evidence that their unit was completed before January 1, 2020. This can include construction receipts, photographs, or other documentation.
  • Compliance with Health and Safety Standards: The unit must meet current health and safety standards. This can include ensuring the unit is structurally sound, has proper electrical wiring, plumbing, and complies with fire safety regulations.
  • Application Submission: Homeowners will need to submit an application for the Unpermitted Dwelling Unit Amnesty Program, detailing the existing conditions of the unit.
  • Inspection by Local Authorities: The unit project must undergo an inspection by local building authorities to identify areas that will require updates or modifications to meet the current building codes. Note that before application, homeowners may obtain a third-party inspection from a licensed contractor to identify the existing condition and the improvements likely needed to bring the unit into compliance.

What are the Steps to Legalize My Unit?

  1. Submit the Unpermitted Dwelling Unit Amnesty Application Form along with the required supplemental documents outlined on the form. After submittal, a fee of approximately $600-$800 will be requested to process your application and inspection.
  2. Once your application has been reviewed and approved, contact the City of Cotati Building Department to request an inspection of your unit. This inspection will determine if you need to apply for additional building permits to remedy life safety issues in the unit. View the Unpermitted Dwelling Unit Amnesty Checklist to see what will be inspected. 
  3. If no life safety issues are identified, the City will consider your unit legal and provide documentation as such.
  4. If life safety issues are identified, you will need to pull one or more building permits to bring your unit into compliance. After your building permits are issued, make the required upgrades or modifications to bring the unit into compliance with the Health, Safety and Building Codes. You may request up to five years to remedy non-life-threatening violations (as determined by the City) by submitting the Unpermitted Dwelling Unit Code Compliance Delay Request Form.
  5.  Once the modifications are complete, schedule a final inspection to confirm that the unit meets all regulatory requirements.

What are the Benefits of Legalizing my Unit?

  1. Increase in Property Value: Your legal unit can increase your property’s value due to it providing additional living space and/or rental income opportunities.
  2. Rental Income: Your legalized unit can be rented, providing a steady income.
  3. Enhanced Safety and Compliance: The legalized unit ensures that the current building codes and safety standards are met, including plumbing, electrical, structural integrity, and fire safety measures.
  4. Avoiding Penalties and Fines: Unpermitted units could result in fines and penalties if discovered by the local jurisdiction outside of the amnesty period. Participating in the amnesty program allows homeowners to make their units legal without facing these penalties and fines.