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Know before you sign

Your ADU rights in California

Building an ADU means dealing with a city and hiring contractors, and the law gives you real protections in both. Most homeowners have never heard of them. Every item below links to the statute or agency source it comes from, with the date we last verified it.

Each claim verified against its source on August 14, 2026. This page is education, not legal advice. Laws change; the sources linked are always the authority.

1. Your ADU approval is ministerial. No hearings, no neighbor veto.

California law requires cities and counties to approve ADUs through a ministerial process. That means the review is a checklist against objective standards: no public hearing, no discretionary design review, no neighborhood notification period where objections can stall your project.

If your application meets the standards, the agency's job is to approve it. Opinions, including your neighbors' opinions, are not part of the process.

California Government Code section 66317 · Verified August 14, 2026 · Official statute text, California Legislative Information · California HCD ADU Handbook

2. The city has 15 business days to tell you, in writing, whether your application is complete.

Since January 1, 2026, the permitting agency must determine whether your ADU application is complete and give you written notice within 15 business days of receiving it.

If it is incomplete, the agency must list every missing item and how to fix each one. When you resubmit, the agency may only review the items it already flagged. It cannot invent new objections on round two.

If the agency misses the 15 business day deadline entirely, the law deems your application complete, and the 60 day approval clock below starts anyway.

California Government Code section 66317, as amended by SB 543 (2025), effective January 1, 2026 · Verified August 14, 2026 · Official statute text, California Legislative Information

3. Once complete, the agency has 60 days to approve or deny. Silence counts as approval.

For a lot that already has a single-family or multifamily home on it, the permitting agency must approve or deny a completed ADU application within 60 days.

The statute's own words: if the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.

Practical move: keep dated copies of everything you submit and every notice you receive. The clocks in this law only protect you if you can show when they started.

Worth knowing: The 60 day clock applies when there is an existing single-family or multifamily dwelling on the lot. Denials must be in writing with a full list of defective or deficient items.

California Government Code section 66317 · Verified August 14, 2026 · Official statute text, California Legislative Information

4. You are not required to hire a licensed architect for most ADUs.

California's architecture licensing law contains an explicit exemption: any person may prepare plans for single-family dwellings of wood-frame construction up to two stories, and for structures appurtenant to them. Most ADUs fit inside that exemption.

This is why qualified ADU designers who are not licensed architects legally exist, and they often charge less. Hiring an architect can still be the right call for a complex or hillside project. The point is that it is a choice, not a legal requirement.

Two real limits: your plans will still typically need a licensed engineer for the structural sheets, and the exemption can fall away if the design departs from conventional wood framing or if the building official determines the project warrants a licensed professional.

California Business and Professions Code section 5537 · Verified August 14, 2026 · Statute text, FindLaw California Codes

5. A contractor's down payment cannot exceed $1,000 or 10 percent, whichever is less.

On a California home improvement contract, the law caps the down payment at one thousand dollars or 10 percent of the contract price, whichever amount is less. On a $200,000 ADU contract written as a home improvement contract, that is a maximum of $1,000 up front, not $20,000.

A contractor asking for 30 percent down is asking you to ignore a consumer protection law that exists because of how often large deposits disappeared.

Worth knowing: The cap applies to home improvement contracts as defined in Business and Professions Code section 7151.2, which is how homeowner ADU projects with a licensed contractor are commonly written. Confirm your contract is structured as one; if a contractor says yours is not, ask them to explain why in writing.

California Business and Professions Code section 7159.5 · Verified August 14, 2026 · Statute text, FindLaw California Codes · CSLB industry bulletin on payment restrictions

6. Payments after the down payment must track completed work, in writing.

If a home improvement contract calls for payments before the job is done, the law requires a written schedule of payments in dollars and cents, tied to specific amounts of work, materials, or equipment.

The working rule: money follows work. Except for that capped down payment, you should not be paying for work that has not been performed or materials that have not been delivered. A payment schedule that front-loads cash ahead of progress is a red flag you can point to in the statute.

California Business and Professions Code section 7159.5 · Verified August 14, 2026 · Statute text, FindLaw California Codes · CSLB industry bulletin on payment restrictions

7. You can check any contractor's license, bond, and complaint history for free.

The Contractors State License Board publishes license status, classification, bond information, and disciplinary history for every licensed contractor in California. The lookup is free and takes about two minutes.

For a ground-up ADU build, you are generally looking for a B General Building classification. If a search turns up nothing, or shows expired or revoked, that is a hard stop, not a negotiation.

Contractors State License Board (CSLB), California's contractor licensing authority · Verified August 14, 2026 · CSLB license check

8. Pre-approved ADU plans exist, and some are free.

The City of Los Angeles runs a Standard Plan Program: ADU designs by licensed architects that LADBS has already reviewed and pre-approved, so plan check shrinks to site-specific review. Most plans are licensed from the architect who owns them for a fee. One plan, YOU-ADU, is owned by the city and free for property owners to use.

LA County runs a parallel program for unincorporated areas with three county-owned plans, from an 800 square foot one-bedroom to 1,200 square foot two and three bedroom layouts, free to download. County plans must be permitted exactly as designed, though floor plans may be mirrored.

Which program applies depends on your address. Los Angeles city parcels go through LADBS; unincorporated county pockets go through County Public Works; cities like Burbank, Glendale, and San Fernando run their own processes.

LADBS ADU Standard Plan Program; LA County Pre-Approved ADU Standard Plans Program · Verified August 14, 2026 · LADBS Standard Plan Program · YOU-ADU, the city-owned free plan · LA County pre-approved plans (unincorporated areas)

Which rules apply to your property?

The state-law protections above apply everywhere in California. The permitting office and plan programs depend on your address. The free property check reads your parcel's zoning, hazard flags, and permit history in about 15 seconds, so you start with your property's actual rules instead of a neighbor's story.

Found something here that is out of date? Tell us and we will re-verify it against the source.