Legalizing Unpermitted ADUs and JADUs Under AB 2533

What is AB 2533?

California Assembly Bill 2533, effective January 1, 2025, creates an amnesty program for unpermitted Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs) built before January 1, 2020. This program makes it easier for homeowners to legalize existing units without meeting all current zoning and development standards.

What Does This Mean for Colma Residents?

  • Pursuant to Government Code Section 66332, the Town of Colma cannot deny a permit for an ADU or JADU built before January 1, 2020—even if it doesn’t meet current building codes or zoning rules (such as setbacks, size, or height).
  • Permit issuance is not contingent on other development standards, such as setbacks, size, and height restrictions.
  • No impact fees or utility connection charges will apply, unless upgrades are needed for health and safety compliance.
  • A permit can only be denied if the unit is considered substandard under Health & Safety Code Section 17920.3.

What Counts as “Substandard”?

Your unit cannot have serious safety hazards, such as:

  • No toilet, sink, or shower
  • Unsafe electrical, plumbing, or mechanical systems
  • Structural issues (foundation failure, compromised framing)
  • Fire safety problems (no emergency exit, missing smoke/CO detectors)
  • Inadequate heating
  • Severe infestation (vermin, mold)
  • Hazardous materials (exposed asbestos or lead)
  • Serious deterioration affecting habitability
  • Overcrowding or unsafe occupancy

Why Should I Legalize My ADU or JADU?

  • Reduce potential risks to occupants. Unpermitted ADUs may unknowingly pose serious health and safety dangers.
  • Reduce liability: Insurance may not cover unpermitted structures.
  • Increase property value: Legal units can boost resale and rental income.
  • Peace of mind: Prevent enforcement actions and liabilities.

How to Legalize Your ADU or JADU

Step 1: Confirm Eligibility

Provide proof that the unit was built or converted before January 1, 2020. Acceptable documentation includes:

  • County Assessor records
  • Escrow or real estate disclosure documents
  • Previous Building or Planning records
  • Insurance documents
  • Notarized letters from prior owners or tenants
  • Dated photos

Questions? Contact the Planning Department:
📞 (650) 757-8888 | ✉ planning@colma.ca.gov

Step 2: Submit a Building Permit Application

  • Before applying, you may choose to hire a licensed contractor for a confidential third-party inspection using the AB 2533 Substandard Housing Checklist.
  • Third-party inspections are optional and for your benefit only. Regardless of whether a third-party inspection is conducted, the Town of Colma Building Department will inspect the structure to ensure it meets the minimum health and safety standards defined in Health and Safety Code Section 17920.3.
  • Letter of Intent: Include a letter from the property owner with the building permit application stating the intent to legalize an existing ADU or JADU under the provisions of AB 2533, including the approximate date the unit was constructed.
  • AB 2533 Substandard Housing Checklist: Include a completed and signed "Town of Colma AB2 533 Substandard Housing Checklist." This form is mandatory and documents the property owner's self-certification of compliance with health and safety standards.

Questions? Contact Building Department:
📞 (650) 757-8888 | ✉ building@colma.ca.gov

Step 3: Permit Issuance and Construction

  • Permit Issuance: Once plans meet safety standards and fees are paid, your permit will be issued.
  • Construction & Inspection: If repairs are needed, work can begin after the permit is issued. Town inspections will confirm compliance.

Frequently Asked Questions (FAQ)

What if I don’t have documentation showing my ADU/JADU was built before January 1, 2020?

You can provide alternative evidence such as insurance documents, notarized letters from previous owners or tenants, or dated photos. The Town will review these on a case-by-case basis.

How long does the legalization process take?

Processing time depends on complexity. Simple cases may take a few weeks; units requiring repairs could take longer.

Do I need to hire a contractor for the inspection?

No. A third-party inspection is optional and for your benefit only.

Will I have to pay impact fees or utility connection charges?

No, unless upgrades to utility infrastructure are required for safety compliance.

What happens if my unit is considered substandard?

You’ll need to make repairs to meet minimum health and safety standards before a permit can be issued.

Can I continue renting my ADU while legalizing it?

Yes, if the unit does not pose immediate health or safety hazards.

Who can I contact for help?

Planning Department: (650) 757-8888 | planning@colma.ca.gov

Building Department: (650) 757-8888 | building@colma.ca.gov

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