AB 1033, signed October 11, 2023 and effective January 1, 2024, lets a California city opt in by local ordinance to allow an ADU to be sold separately from the main house as a condominium. As of September 25, 2026, four cities we track have opted in: San Jose, San Diego, San Francisco and Berkeley.
Last verified: September 25, 2026 against the California Legislature AB 1033 (2023) bill text (leginfo.legislature.ca.gov), the recodified Government Code Section 66310 and following, and the city ordinance records for San Jose, San Diego, San Francisco and Berkeley.
An accessory dwelling unit, or ADU, is a second, smaller home on a lot that already has a house. A junior ADU, or JADU, is a unit of up to 500 square feet created inside the walls of an existing house. This page explains AB 1033, the 2023 California law that lets a city choose to allow an ADU to be sold on its own, and it tracks which cities have actually opted in.
What does AB 1033 allow?
AB 1033 is a local opt-in law. AB 1033 (Ting), Chapter 752, Statutes of 2023, was signed on October 11, 2023 and took effect on January 1, 2024. Opt-in means the state law does nothing by itself: it only gives a city or county the option to pass its own ordinance. Under AB 1033, a local agency may adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and the accessory dwelling unit or units as condominiums. Separate conveyance means selling the ADU to a different owner than the main house, rather than the two staying under one deed. A condominium is a form of ownership in which a buyer owns an individual unit within a shared property.
Because AB 1033 is opt-in only, an ADU can be sold separately as a condominium ONLY in a jurisdiction that has passed an enabling ordinance. If your city has not adopted such an ordinance, AB 1033 by itself makes no ADU separately saleable.
What conditions does AB 1033 attach to a separate sale?
AB 1033 allows the separate condominium sale subject to several statewide conditions, which any local ordinance and any individual sale must satisfy.
| Rule | AB 1033 standard | Statute | Source |
|---|---|---|---|
| Local opt-in required | A local agency MAY adopt an ordinance to allow separate conveyance of the primary dwelling and ADU as condominiums | Gov. Code 66342 | AB 1033 (2023), Ch. 752 |
| Common interest development law | The condominiums are created subject to the Davis-Stirling Common Interest Development Act | Gov. Code 66342 | AB 1033 (2023), Ch. 752 |
| Subdivision law | The separate conveyance must comply with the Subdivision Map Act | Gov. Code 66342 | AB 1033 (2023), Ch. 752 |
| Lender consent and consumer notice | The law attaches lender-consent and consumer-notice conditions to the separate sale | Gov. Code 66342 | AB 1033 (2023), Ch. 752 |
The Davis-Stirling Common Interest Development Act is the California statute that governs condominiums and homeowner associations. The Subdivision Map Act is the California law that governs dividing land into separately owned parcels or units.
A note on the AB 1033 code section
AB 1033 was enacted under the old Government Code sections 65852.2 and 65852.26. California then recodified its ADU law into a new dedicated chapter beginning at Government Code Section 66310, effective January 1, 2025. The condo-conveyance provision now sits at Government Code Section 66342. The mechanism itself, a local opt-in for separate condominium conveyance of an ADU, is unchanged by the recodification.
Which California cities have opted in to AB 1033?
This is the part that matters for a real sale. AB 1033 only works where a city has adopted an enabling ordinance, so the table below tracks which jurisdictions have and have not done so, checked September 25, 2026. For a city that has not adopted an ordinance, we use the exact phrase “No AB 1033 opt-in ordinance found as of September 25, 2026,” which means no adopted opt-in ordinance was located as of that date, not that adoption is impossible later.
| City | Opted in? | Enabling ordinance and date | Key local condition | Source | Our guide |
|---|---|---|---|---|---|
| San Jose | Yes | File No. PP23-007 (zoning code update), effective July 18, 2024 | ADUs conveyed as condominiums through an approved Parcel Map | sanjoseca.gov PP23-007 | San Jose ADU permits |
| San Diego | Yes | Ordinance O-21989, SDMC section 141.0302(f), effective August 22, 2025 | Recorded covenant offering the ADU for at least 30 days to buyers intending to use it as their primary residence | sandiego.gov Info Bulletin 400 | Not covered yet |
| San Francisco | Yes | Ordinance No. 113-25, effective August 10, 2025 | Mostly limited to state-mandated (ministerial) ADUs; local discretionary-program ADUs largely ineligible | sfbos.archive.sf.gov Ord. 113-25 | Not covered yet |
| Berkeley | Yes | Ordinance 7,999-N.S. (BMC Chapter 21.29), adopted January 20, 2026 | 90-day right of first refusal; streamlined path; five-year restriction after a no-fault eviction | berkeleyca.gov Item 21 | Berkeley ADU permits |
| Los Angeles | No | No AB 1033 opt-in ordinance found as of September 25, 2026 (a motion, Council File 25-0753, is in committee, no ordinance) | n/a | cityclerk.lacity.org CF 25-0753 | Not covered yet |
| Oakland | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Not covered yet |
| Long Beach | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Long Beach ADU permits |
| Riverside | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Riverside ADU permits |
| Sacramento | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Not covered yet |
| Santa Clara | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Santa Clara ADU permits |
| Sunnyvale | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Sunnyvale ADU permits |
| Cupertino | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Cupertino ADU permits |
| Los Gatos | No | No AB 1033 opt-in ordinance found as of September 25, 2026 (ADU ordinance update in progress; opt-in not confirmed) | n/a | losgatosca.gov ADU info | Los Gatos ADU permits |
| Campbell | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Campbell ADU permits |
| Saratoga | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Saratoga ADU permits |
| Los Altos | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Los Altos ADU permits |
| Fresno | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Not covered yet |
| Anaheim | No | No AB 1033 opt-in ordinance found as of September 25, 2026 | n/a | Web search; no city ordinance located | Not covered yet |
Three more jurisdictions are reported to have adopted AB 1033 ordinances but we have not independently verified them against a primary source: Santa Monica, the unincorporated areas of San Diego County, and Santa Cruz. Treat those as leads and confirm with the jurisdiction before relying on them.
How AB 1033 connects to other California ADU laws
AB 1033 is one of several recent California ADU laws, each covered on its own page. AB 1033 governs whether an ADU can be sold separately. Other laws set the size, number, and permitting of ADUs.
- SB 1211 allows up to eight detached ADUs on a lot with an existing multifamily building.
- The 2021 SB 9 lot split law governs splitting a single-family lot into two parcels, which is a different mechanism from the condominium conveyance under AB 1033.
- AB 2533 addresses unpermitted ADUs.
- For how large an ADU can be, see our California ADU size limits page.
- For the full statewide framework and the four 2026 bills, see the California ADU law tracker.
For the statewide rules on size, setbacks, height, parking and fees, see the California ADU law and permits pillar.
What changed in 2026?
The AB 1033 opt-in count grew in 2026. Berkeley adopted its enabling ordinance, Ordinance 7,999-N.S. (BMC Chapter 21.29), on January 20, 2026, adding a 90-day right of first refusal and a streamlined path. That followed San Diego (effective August 22, 2025) and San Francisco (effective August 10, 2025) in 2025, and San Jose (effective July 18, 2024) in 2024. AB 1033 itself was not amended in 2026; what changed is which cities have chosen to opt in.
What changes in 2027?
No further statewide California AB 1033 changes are scheduled as of September 25, 2026. AB 1033 remains a local opt-in law, and additional cities may adopt enabling ordinances at any time. We recheck the tracked jurisdictions and the California Legislature each session and will update this page when a new ordinance is adopted or a bill is chaptered.
Frequently Asked Questions
Does AB 1033 let me sell my ADU separately anywhere in California?
No. AB 1033 is a local opt-in law. You can sell an ADU separately as a condominium only in a city or county that has adopted an enabling ordinance under AB 1033. As of September 25, 2026, that includes San Jose, San Diego, San Francisco and Berkeley among the cities we track.
When did AB 1033 take effect?
AB 1033 was signed on October 11, 2023 and took effect on January 1, 2024. It is Chapter 752 of the Statutes of 2023.
What is separate conveyance of an ADU?
Separate conveyance means selling the accessory dwelling unit to a different owner than the primary house, as a condominium, rather than the two remaining under a single deed. AB 1033 allows this only where a local ordinance permits it, and subject to the Davis-Stirling Act and the Subdivision Map Act.
Which Government Code section is AB 1033?
AB 1033 was enacted under the old Government Code sections 65852.2 and 65852.26. California recodified its ADU law into the Government Code 66310 series effective January 1, 2025, and the separate-conveyance provision now sits at Government Code Section 66342.
Has Los Angeles opted in to AB 1033?
No AB 1033 opt-in ordinance was found for Los Angeles as of September 25, 2026. A motion, Council File 25-0753, is in committee, but no ordinance has been adopted.
Sources
- California Legislature, AB 1033 (2023), text and history: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1033
- California Government Code, Section 66310 and following (ADU law): https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=1.&chapter=13.&lawCode=GOV&title=7.
- City of San Jose, Zoning Ordinance Update PP23-007 (ADU condominium ordinance): https://www.sanjoseca.gov/your-government/departments-offices/planning-building-code-enforcement/planning-division/ordinances-proposed-updates/zoning-ordinance-update-pp23-007
- City of San Diego, Development Services Information Bulletin 400: https://www.sandiego.gov/development-services/forms-publications/information-bulletins/400
- City and County of San Francisco, Ordinance No. 113-25: https://sfbos.archive.sf.gov/sites/default/files/o0113-25.pdf
- City of Berkeley, January 20, 2026 Item 21, Amendments to Title 21 (Subdivisions): https://berkeleyca.gov/sites/default/files/2026-01/2026-01-20%20Item%2021%20Amendments%20to%20Title%2021%20(Subdivisions).pdf
- City of Los Angeles, Council File 25-0753: https://cityclerk.lacity.org/onlinedocs/2025/25-0753_misc_07-01-25.pdf
Disclaimer
This page is general information, not legal advice. ADU law changes often and cities apply it differently. Confirm whether your jurisdiction has adopted an AB 1033 ordinance, and the current rules, with your local planning department before you rely on selling an ADU separately.
Related ADU laws
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