ADU Amnesty Program

STEP-by-STEP GUIDE TO NAVIGATING THE ADU AMNESTY PROCESS

Navigating the ADU Amnesty Process can seem a little overwhelming and with a clear step-by-step guide, you will be able to transition your unpermitted Accessory Dwelling Unit (ADU) into a legal and compliant livable space. This information will help you understand how to apply for the Amnesty Program, the application process, and the steps to legalize your ADU.

How to apply for ADU Amnesty in California

The first step in the Amnesty Process is to understand the application requirements and being able to prepare the necessary documentation. Here’s a detailed breakdown:

1)    Initial Assessment:  Conduct a thorough assessment of your ADU. Identify all areas that might not meet the current building codes and or safety standards. This assessment will help you to understand what work is needed to comply with the building codes and safety standards.

2)    Gather Documentation:  Put together all relevant documents, including proof of the ADUs construction date, previous building permits, and any plans. Documentation is needed to prove when the ADU was constructed before January 1, 2020, which is the cut-off date for the amnesty program. 

ADU Amnesty Program Application

Once all of your documents are in order, you can start the application process for the ADU Amnesty Program.

1)    Submit the Application:  Visit the Town of Atherton Building Department or their website to obtain the ADU Amnesty Program Application form. Include detailed information about your ADU, including size, layout, and its existing condition. Then submit application

2)    Application Review: The Building Department will review what was submitted to make sure all required information has been received. Additional documentation or clarification may be necessary.

ADU Legalization Process in California

After your application is approved, the next steps involve bringing your ADU up to code and ensuring it meets all legal requirements:

1)    Schedule Inspections:  Schedule a building inspection to assess the current state of your ADU. The inspectors will identify any areas that need modification or improvement to comply with the health, safety, and building codes.

2)    Obtain Permits:  Apply for any necessary permits for the work that needs to be done. 

3)    Make the Necessary Modifications:  Based on the inspection report, make the required upgrades or modifications to your ADU. The work might include and is not limited to electrical, plumbing, mechanical, structural repairs or fire safety improvements. Hiring a licensed contractor can ensure that all work is performed to meet code requirements.

4)    Final Inspection:  Once all modifications are complete, schedule a final inspection with the building department. The inspector will verify that all work has been completed according to the health, safety, and building codes.

Steps to Legalize your ADU in California

Legalizing your ADU through the Amnesty Program involves a series of steps, all designed to ensure compliance with state and local regulations. These steps include:

1)    Initial Assessment:  Conduct an initial assessment t determine the current state of your ADU and identify any areas that need improvement.

2)    Permit Application:  Submit the necessary permit applications to the Town of Atherton Building Department. This includes detailed plans and documentation of the existing ADU. 

3)    Compliance Upgrades:  Make the required upgrades or modifications to bring the ADU into compliance with the Health, Safety and Building Codes.

4)    Final Inspection:  Once the modifications are complete, schedule a final inspection to confirm that the ADU meets all regulatory requirements.

5)    Documentation of Compliance:  After passing the final inspection, you will receive documentation confirming that your ADU is now legal and compliant. Keep these records for future reference.

6)    Update Property Records:  Notify San Mateo County tax assessor’s office to let them know about the newly legalized ADU. This may affect your property taxes, and it also ensures that your property records are up to date.

7)    Update Property Records:  Notify San Mateo County tax assessor’s office to let them know about the newly legalized ADU. This may affect your property taxes, and it also ensures that your property records are up to date.

8)    Inform Your Lender and Insurer:  If you have a mortgage, inform your lender about the legalized ADU. Additionally, update your insurance policy to reflect the changes and ensure adequate coverage for your property.

Benefits of Legalizing your ADU 

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

Note: While the initial health and safety inspection is not a code enforcement inspection, the Town of Atherton cannot ignore any conditions which present an immediate danger to life safety. For example, if the ADU is structurally unsound and at immediate risk of collapse, or if there is exposed wiring that presents immediate, evident fire danger, or if the ADUs sewer or septic system is producing raw sewage, or any other similar conditions that pose a definite and immediate risk to inhabitants of the ADU or surrounding properties, you will be required to rectify those specific conditions. The Town cannot ignore immediate dangers present on your property. Applicants must be aware of this risk before committing to a pre-application inspection.