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Updated 4 months ago on . Most recent reply

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David Siegel
  • San Diego, CA
12
Votes |
38
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I converted a garage to ADU without permits, now I need to permit

David Siegel
  • San Diego, CA
Posted

Looking for a referral for someone who can help navigate the as built permitting process. TIA!

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Dan H.
#2 General Real Estate Investing Contributor
  • Investor
  • Poway, CA
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Dan H.
#2 General Real Estate Investing Contributor
  • Investor
  • Poway, CA
Replied
Quote from @Michael Baum:

That is a bummer @David Siegel. Good luck and I hope there isn't much in the way of fines and the like.

In CA there are laws protecting safe unpermitted units.   Sb13 was the initial law and it was written such than new illegal units would not be protected.  But the state does not want to lose safe units even those created after SB13 so they passed ab2533 to cover more recent unpermitted units (old protection was for those up to 2018, new protection is up to 2020).  Ab2533 law explicitly prohibits local agencies from penalizing homeowners who apply for permits on previously unpermitted ADUs. Instead, inspectors will focus on recommending changes to bring the unit up to health and safety standards.

however, with the track record of extending the protection on newer unpermitted units, how much value is there to convert an unpermitted unit to a permitted unit?   Extending the protected coverage to newer created unpermitted units set a bad precedent and encourages adding unpermitted units. 

it is not a simple issue as the loss of safe units is undesired, but providing legal protection for unpermitted units encourages unpermitted units.  

regardless, if the OP’s unpermittec unit is not real new, it has legislation that protects it.  If it is new, waiting may provide the same protection as the older unpermitted units.  
  • Dan H.
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