California's AB 2533 took effect January 1, 2025 and amended Government Code Section 66332. It bars a local agency from denying a permit to legalize an unpermitted ADU or JADU built before January 1, 2020, unless correcting a violation is necessary to fix a Health and Safety Code 17920.3 substandard condition.
Last verified: September 25, 2026 against the chaptered text of AB 2533 (Chapter 834, Statutes of 2024) at leginfo.legislature.ca.gov and the city and county .gov program pages and forms cited in the Sources section.
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 single-family home. This page explains AB 2533, the California law that gives owners of older unpermitted ADUs and JADUs a path to legalize them, and it maps how specific cities and counties run that path.
What does AB 2533 allow?
AB 2533 is Assembly Bill No. 2533 of the 2023-2024 session, authored by Juan Carrillo. The Governor approved it and filed it with the Secretary of State on September 28, 2024, as Chapter 834, Statutes of 2024. Because the bill has no urgency clause, it took effect on January 1, 2025. AB 2533 amended Government Code Section 66332.
The core rule is this: a local agency shall not deny a permit to legalize an ADU or JADU that was constructed before January 1, 2020 merely because the unit violates building standards, does not comply with the state ADU rules, or does not comply with a local ADU ordinance. The one exception is a health-and-safety exception. A city may deny the permit only if it finds that correcting the violation is necessary to comply with the substandard-building standard in Health and Safety Code Section 17920.3.
Two terms are used for this pathway. “Legalization” is the statute-aligned term, because AB 2533 speaks in terms of not denying a permit and permitting a previously unpermitted unit. “Amnesty” is the popular label and the common city program branding. The state statute itself does not use the word “amnesty.” Many cities do: Berkeley, San Jose, Riverside, and Long Beach all title local programs “amnesty.”
AB 2533 changed the prior law in two ways. Before AB 2533, the protection applied only to ADUs built before January 1, 2018. AB 2533 moved the cutoff to January 1, 2020 and expressly added junior ADUs to the protection.
| Rule | California standard | Statute | Source |
|---|---|---|---|
| Pre-2020 units protected | A local agency shall not deny a permit for an unpermitted ADU or JADU constructed before January 1, 2020 | Gov. Code 66332(a) | AB 2533 |
| Building-standard violation alone | Cannot be the sole grounds to deny a legalization permit | Gov. Code 66332(a)(1) | AB 2533 |
| ADU or local ordinance noncompliance alone | Cannot be the sole grounds to deny a legalization permit | Gov. Code 66332(a)(2) | AB 2533 |
| Health-and-safety exception | A city may deny only if correcting the violation is necessary to meet the substandard standard | Gov. Code 66332(b); Health & Safety Code 17920.3 | AB 2533 |
| Already-substandard buildings | The section does not apply to a building already deemed substandard | Gov. Code 66332(c) | AB 2533 |
| Public-information duty | The city must inform the public through permit checklists and its website | Gov. Code 66332(d) | AB 2533 |
| Confidential inspection | A homeowner may obtain a confidential third-party code inspection before applying | Gov. Code 66332(d)(2) | AB 2533 |
| Fees | No impact fees or connection or capacity charges, except a narrow 17920.3 utility case | Gov. Code 66332(e) | AB 2533 |
| No penalty | The city shall not penalize the applicant and shall approve permits to correct health-and-safety noncompliance | Gov. Code 66332(f) | AB 2533 |
Which units qualify for AB 2533?
AB 2533 protects an unpermitted ADU or JADU that was constructed before January 1, 2020. A unit built on or after January 1, 2020 does not qualify and must meet the current ADU rules instead. AB 2533 does not create a new definition of ADU or JADU. It references the existing state ADU framework in the Planning and Zoning Law and Article 3 (commencing with Section 66333).
Do I have to bring the whole unit up to current code?
No. Zoning noncompliance and building-standard noncompliance, standing alone, cannot be grounds to deny the legalization permit. The trigger for a required correction is a substandard condition under Health and Safety Code Section 17920.3, not full current-code compliance. If an inspector finds noncompliance with health and safety standards, the local agency shall not penalize the applicant for having the unpermitted ADU or JADU and shall approve the permits necessary to correct that noncompliance.
Will I owe impact fees to legalize?
Generally no. Under Government Code Section 66332(e), a homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020 is not required to pay impact fees or connection or capacity charges. The narrow exception is when utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and the fee is authorized by subdivision (e) of Section 66324. Some cities also apply a size threshold to their local fees: Riverside states it will not impose impact fees unless the ADU exceeds 749 square feet.
Can I get my unit inspected privately before I apply?
Yes. AB 2533 lets a homeowner obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or the potential scope of building improvements before submitting a permit application. AB 2533 also requires each city to inform the public about the legalization path through public information resources, including permit checklists and its website, and to publish a checklist of the Section 17920.3 conditions that would deem a building substandard.
Which California cities have an AB 2533 program?
This is the part that varies most. AB 2533 sets a statewide floor, but each city and county runs its own program, form, and fee. The table below records what each place had published as of September 25, 2026. “AB 2533 program” or “AB 2533 form” means the place published guidance keyed to AB 2533 for pre-2020 ADU and JADU legalization. “Aligned” means the program covers pre-2020 unpermitted ADUs and JADUs but does not name AB 2533 on the page. “Older non-AB 2533 program” means a distinct unit-legalization program that predates or sits alongside AB 2533. “No guidance” means no AB 2533 or amnesty page was found on that agency’s site.
| City or County | Status | Local program or form name | Key local difference | Fee or timeline | Source | Our guide |
|---|---|---|---|---|---|---|
| San Jose | AB 2533 program | AB 2533 - ADU and JADU Legalization Program | 7-step process; safety-focused inspection against the Substandard Housing Checklist (Bulletin #214), not a full building code check; apply by email to adu.ally@sanjoseca.gov | Typically 4 to 6 months from a complete application; fees due before permit issuance | sanjoseca.gov | San Jose guide |
| San Diego (City) | AB 2533 program | Information Bulletin 242, How to Obtain a Permit to Legalize Unpermitted Accessory Dwelling Units (May 2026) | Covers ADUs and JADUs built without a permit before January 1, 2020; references IB 501 and IB 103 fee schedules; no Construction and Demolition Debris Recycling Deposit required | Applicable fees per the current fee schedule; no timeline stated | sandiego.gov | Not covered yet |
| Orange County (unincorporated) | AB 2533 program | AB 2533 Safe ADU/JADU Legalization Program | Tied to the County’s Substandard Housing Inspection Checklist (HSC 17920.3); apply through myoceservices.ocgov.com; Certificate of Occupancy issued upon final inspection | A required permit deposit fee; no amount or timeline stated | pwds.oc.gov | Not covered yet |
| Long Beach | AB 2533 form | FORM-064, Substandard Building Checklist for Unpermitted ADUs and JADUs (Revised 4-3-25) | Separate from the city’s LBMC Ch. 21.66 informal-dwelling-unit amnesty, which excludes ADUs | Not stated on the form | longbeach.gov | Long Beach guide |
| Riverside (City) | AB 2533 program | Safety-First Amnesty Program | Apply through the permit portal as “AB 2533 - Legalization of Unpermitted ADU or JADU”; upload proof of pre-2020 construction; optional confidential third-party inspection | Impact fees not imposed unless the ADU exceeds 749 square feet; no timeline stated; phone (951) 826-5800 | riversideca.gov | Riverside guide |
| Berkeley | Aligned amnesty (not named) | Pilot Amnesty Program for Unpermitted Dwelling Units | Single-family lots with a pre-2020 ADU or JADU; two pathways, a Certificate of Occupancy (full code and zoning) or a Housing Certificate of Compliance (housing code plus minimum fire and life safety, no zoning review); free confidential consultation | Runs January 1, 2025 to December 31, 2028; application fee $590; reinspection fee $250; address assignment $250 | berkeleyca.gov | Berkeley guide |
| Sunnyvale | Aligned (not named) | Legalize an Unpermitted ADU; Deferred Enforcement for an Unpermitted ADU | For a unit built inside a permitted structure before January 1, 2020, the city may use reduced development standards if it finds the unit safe to live in; a homeowner may instead request a five-year deferred enforcement | Five-year deferred-enforcement window; fees not stated | sunnyvale.ca.gov | Sunnyvale guide |
| Los Angeles (City) | Older non-AB 2533 program | Unpermitted Dwelling Unit (UDU) Ordinance (Ord. No. 184,907) | A distinct 2017 program; voluntary, tied to an affordability requirement, multi-agency six-step process; not limited to ADUs and not keyed to the January 1, 2020 ADU cutoff | Requires at least one low- or moderate-income affordable unit per legalized unit; no timeline stated | planning.lacity.gov | Los Angeles guide |
| San Francisco | Older non-AB 2533 program | Unit Legalization Program (Dwelling Unit Legalization Program) | A distinct pre-2013 program; eligibility is units built before 2013, not the January 1, 2020 ADU cutoff; requires a licensed professional; Notice of Special Restriction recorded | Pre-application meeting $348 to $2,162; permit fees are 6 to 9% of building costs | sf.gov | Not covered yet |
| Campbell | No guidance | None published | No local amnesty guidance published as of September 25, 2026 | Not applicable | Site search of campbellca.gov, September 25, 2026 | Campbell guide |
| Cupertino | No guidance | None published | No local amnesty guidance published as of September 25, 2026 | Not applicable | Site search of cupertino.gov, September 25, 2026 | Cupertino guide |
| Los Altos | No guidance | None published | No local amnesty guidance published as of September 25, 2026 | Not applicable | Site search of losaltosca.gov, September 25, 2026 | Los Altos guide |
| Los Gatos (Town) | No guidance | None published | No local amnesty guidance published as of September 25, 2026 | Not applicable | Site search of losgatosca.gov, September 25, 2026 | Los Gatos guide |
| Santa Clara (City) | No guidance | None published | No local amnesty guidance published as of September 25, 2026 | Not applicable | Site search of santaclaraca.gov, September 25, 2026 | Santa Clara guide |
| Saratoga (City) | No guidance | None published | No local amnesty guidance published as of September 25, 2026 | Not applicable | Site search of saratoga.ca.us, September 25, 2026 | Saratoga guide |
Two of the entries above are not AB 2533 programs and are easy to mix up. Los Angeles runs the Unpermitted Dwelling Unit (UDU) program under a 2017 ordinance, which requires an affordable unit and is not keyed to the ADU cutoff. San Francisco runs a Unit Legalization Program for units built before 2013. If your unpermitted structure is not an ADU, for example an extra apartment, a program like these may apply instead of AB 2533.
How AB 2533 connects to other California ADU laws
AB 2533 sits alongside California’s broader ADU framework, which our other pages track. For the statewide bills that changed ADU rules for 2026, see the California ADU law tracker. The 2021 SB 9 lot split law governs splitting a single-family lot. AB 1033 lets a city opt in to allowing an ADU to be sold separately as a condominium. SB 1211 allows more detached ADUs on multifamily lots. For how big a unit can be, see our California ADU size limits page. For the full statewide rules on size, setbacks, height, parking, and fees, see the California ADU law and permits pillar.
What changed in 2026?
No further statewide AB 2533 changes were chaptered in 2026 as of September 25, 2026. The core rule remains the version that took effect January 1, 2025 under Government Code Section 66332. What did change through 2026 is local implementation: cities and counties continued to publish and revise their own programs and forms, as recorded in the table above, including San Diego’s Information Bulletin 242 dated May 2026 and Long Beach’s FORM-064 revised April 3, 2025.
What changes in 2027?
No further statewide California AB 2533 changes are scheduled as of September 25, 2026. Berkeley’s Pilot Amnesty Program is scheduled to run through December 31, 2028, so its local window remains open in 2027. We recheck the California Legislature and city program pages each session and will update this page when a change is published.
Frequently Asked Questions
What is AB 2533 and when did it take effect?
AB 2533 is a California law that lets owners legalize older unpermitted ADUs and JADUs. It was signed on September 28, 2024 as Chapter 834, Statutes of 2024, and took effect on January 1, 2025. It amended Government Code Section 66332.
Which ADUs qualify for AB 2533?
AB 2533 covers accessory dwelling units and junior accessory dwelling units that were constructed without a permit before January 1, 2020. A unit built on or after January 1, 2020 does not qualify.
Can my city refuse to legalize my old unpermitted ADU?
Generally no. A local agency shall not deny a legalization permit for a qualifying pre-2020 ADU or JADU merely for violating building standards or ADU rules. A city may deny only if it finds that correcting the violation is necessary to fix a substandard condition under Health and Safety Code Section 17920.3.
Do I have to bring the whole unit up to current code?
No. Full current-code compliance is not the trigger. The only correction a city can require is what is necessary to fix a Health and Safety Code Section 17920.3 substandard condition.
Will I be fined for having built it without a permit?
No. If an inspector finds noncompliance with health and safety standards, the local agency shall not penalize the applicant for having the unpermitted ADU or JADU and shall approve the permits needed to correct the noncompliance.
Do I have to pay impact fees to legalize?
Generally no. Under Government Code Section 66332(e), impact fees and connection or capacity charges are not required, with a narrow exception for utility infrastructure needed to comply with Section 17920.3. Some cities add a size threshold, for example Riverside at 749 square feet.
Can I get my unit inspected privately before I apply?
Yes. AB 2533 lets a homeowner obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s condition or scope of improvements before submitting a permit application.
How long does legalization take?
It varies by city. San Jose states its AB 2533 process typically takes 4 to 6 months from a complete application. Other cities do not state a timeline on their published pages.
What is the difference between an ADU and a JADU for this program?
A JADU is up to 500 square feet and is created within an existing single-family residence. AB 2533 protects both ADUs and JADUs built before January 1, 2020.
Sources
- California Legislature, AB 2533 (2023-2024), bill text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2533
- California Legislature, AB 2533 (2023-2024), bill history: https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202320240AB2533
- California Government Code, Section 66332: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=66332&lawCode=GOV
- City of San Jose, AB 2533 ADU and JADU Legalization Program: https://www.sanjoseca.gov/businesses/development-services-permit-center/accessory-dwelling-units-adus/ab-2533-adu-and-jadu-legalization-program
- City of San Diego, Information Bulletin 242: https://www.sandiego.gov/development-services/forms-publications/information-bulletins/242
- Orange County, AB 2533 Safe ADU/JADU Legalization Program: https://pwds.oc.gov/service-areas/oc-development-services/planning-development/ab-2533-safe-adujadu-legalization
- City of Long Beach, FORM-064 Substandard Building Checklist: https://longbeach.gov/globalassets/lbcd/media-library/documents/formsapplications/form/form-064
- City of Riverside, Safety-First Amnesty Program: https://riversideca.gov/cedd/building-safety/special-programs/safety-first-amnesty-program
- City of Berkeley, Pilot Amnesty Program for Unpermitted Dwelling Units: https://berkeleyca.gov/construction-development/permits-design-parameters/permit-process/amnesty-program-unpermitted
- City of Sunnyvale, Accessory Dwelling Units: https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/permit-center/accessory-dwelling-units
- City of Los Angeles, Unpermitted Dwelling Units: https://planning.lacity.gov/plans-policies/unpermitted-dwelling-units
- City and County of San Francisco, Legalize a Unit in Your Home: https://www.sf.gov/step-by-step—legalize-unit-your-home
Disclaimer
This page is general information, not legal advice. AB 2533 sets a statewide floor, but cities and counties run their own programs, forms, and fees, and those change often. Confirm the current rules and required documents with your local planning department before you apply.
Related ADU laws
Other laws and rules in the same silo, kept in step as each one goes live.