State law allows homeowners in single-family neighborhoods to build an accessory dwelling unit and a JR. ADU as long as there’s room for it on their property. How much room? A detached ADU will need to be at least 10 feet from the main residence and 4 feet from any property lines if they arent attached.
Cities and counties must comply with the state regulations. The Los Angeles County Board of Supervisors approved new rules for 2020! One big element of the new state law is that cities can't require parking for ADUs within a half-mile of a major public transit stop. That means that a lot more people will be able to construct them without also figuring out how to add a parking space—or clearing out clutter from their garage.
ADUs can be established in existing structures, including pool houses or underused garages. Homeowners can even convert a portion of their existing residence into an ADU, as long as it has its own entrance, a kitchen, and at least one bathroom.
An ADU can also be built atop an existing garage or as an addition to the main residence. New regulations now allow secondary JR. ADU'S, these units must be within the existing home and must remain under 500 sf with only up to 150 sf of that being added on to the existing home.
Under state law, the size of an ADU attached to the main house is limited to a maximum of 1,200 square feet or half the size of the existing residence, whichever is smaller. Detached units can be up to 1,200 square feet regardless of the size of the existing home and all JR. ADU'S must be under 500 sf
In Los Angeles-area cities, and in unincorporated Los Angeles County, homeowners will need to run plans for the project by their local department of building and safety. For ground-up construction, that means diagrams and exact measurements (full set of plans) will need to be included. Homeowners may want to seek assistance from an ADU professional.
Once the project is built, homeowners will need to obtain a certificate of occupancy before anyone moves in. That means the structure will need to be inspected, and that its electricity, plumbing, and heating system will all need to be in working order.
Whether you decide to build a new back house, order a prefabricated unit, or add on to your existing residence, the cost of constructing the project is likely to be significant.
An analysis from the county of Santa Cruz found that the average cost of construction was about $150,000
Homeowners who don’t have that kind of cash on hand will need to take out a loan for construction, and that’s not always easy. Those with equity built up in their home may be able to obtain a second mortgage or agree to a cash-out refinancing deal. Other prospective builders may be stuck trying to obtain personal loans or running up credit card bills, since most banks don’t offer special financing deals for ADUs as of now.
Because of the Costa Hawkins Rental Housing Act, rent control laws in Los Angeles only apply to buildings constructed prior to October 1978, when the city’s Rent Stabilization Ordinance went into effect. Single-family homes are also excluded from rent control requirements. But owners who build and move into an ADU, offering their existing homes as rentals, will trigger rent control on the main residence, if it was constructed before 1978. Since the ADU adds a unit to the property, the single-family categorization no longer applies.
State rules leave it up to local governments to decide whether ADUs can be listed on short-term rental sites like Airbnb. Some, like Santa Monica, Long Beach, and Los Angeles County, have chosen to ban ADUs from short-term rental use in order to encourage owners to lease them out for longer periods of time.
Homeowners aiming to build a rental unit for vacationers should definitely check local rules in their area before starting on the project.
ADUs might be a solution to the housing crisis, but they don’t have to be used to house someone. Some homeowners may just want some extra space for an office—or a yoga studio—that can also be used as a guest room.
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