Question 1

Does a JADU carry an owner occupancy requirement?

Accepted Answer

Not anymore, as long as the unit has its own dedicated bathroom.

Question 2

Has AB 956 been signed into law?

Accepted Answer

Not yet. AB 956 has passed the state Senate and Assembly, but is currently awaiting Governor Newsom’s signature. If signed, it will take effect January 1, 2027. Until then, current ADU law applies: one detached ADU, one conversion ADU and one JADU per single-family parcel under CA Gov code 66323.

Question 3

Can my HOA stop me from building an ADU in California?

Accepted Answer

Not under AB 956. The bill amends Civil Code 714.3 so that no covenant, condition or restriction can prohibit or unreasonably restrict a legal ADU on a lot zoned to allow single-family residential use.

Question 4

Can I still add a JADU if I build two detached ADUs?

Accepted Answer

Not automatically. Subdivision (b) says a local agency is not required to ministerially approve a JADU on a lot where two detached new-construction ADUs have already been built. The bill does not state the reverse – adding two detached ADUs on a lot with an existing JADU is not specifically excluded. But keep in mind this reading has not been vetted, it is a sequencing strategy based on the bill’s text, not a guarantee.

Question 5

How many ADUs can I add to my property under AB 956?

Accepted Answer

At most single-family parcels, owners can typically assume at least 3 ADUs can be added: 2 detached ADUs and 1 conversion ADU under AB956’s amendments to state law. An additional JADU can be built, only if it is proposed before the 2 detached ADUs (subject to local interpretation or future interpretation from HCD)

If a local ADU program is in place, an extra unit can be added, bringing the site total to 5.

Question 6

To maximize the total ADU count, what order should I build them in?

Accepted Answer

Build the local ordinance "66314" ADU first if your jurisdiction has a program in place. “66314” ADUs typically take up more space on site due to objective standards for setbacks, yards and FAR.

Then, see if any of the “66323” ADUs can fit: 1 conversion ADU, 1 JADU and 1 detached ADU. These units are exempt from local regulations but must comply with state height limits and 4’ setbacks.

If AB 956 goes into effect, the number of allowable detached ADUs increases from 1 to 2. But to include all 4 of the state exempt ADUs under AB 956, the JADU must be proposed before the detached ADUs.

Question 7

What about multifamily properties?

Accepted Answer

AB 956 addresses single-family parcels. At multifamily properties, up to 8 detached ADUs can be built (not to exceed the total of existing units), and the number of proposed conversion ADUs is limited to 25% of the existing unit count.

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