Berkeley’s Amnesty Program for Unpermitted ADUs Remains Available Through 2028

Does a single-family property you own in Berkeley include a basement apartment, converted garage, in-law unit, or other dwelling space that may never have received the required permits or final approvals?

The City of Berkeley’s pilot Amnesty Program may provide a pathway to legalize certain unpermitted Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) constructed or converted before January 1, 2020. The owner does not have to live at the property for an ADU to qualify. Owner occupancy is required only when the unit being legalized is a JADU; in that case, the owner must occupy either the primary dwelling or the JADU.

The program began January 1, 2025, and remains available through December 31, 2028.

Who May Qualify?

The program is currently limited to properties meeting the following general criteria:

The lot contains one single-family dwelling. This describes the property’s configuration; it does not require the owner to live there.
The property contains an unpermitted ADU and/or JADU constructed or converted before January 1, 2020.
The property is located in an area where residential uses are permitted.
The number of units does not exceed the number of ADUs and JADUs legally allowed on the lot.
If the unit is a JADU, the owner occupies either the primary dwelling or the JADU.

Duplexes and multifamily properties are not eligible during the program’s initial pilot phase.

An attached basement apartment with independent access and its own full kitchen and bathroom will generally fit the description of an ADU rather than a JADU. A JADU is contained within a single-family dwelling, generally has an efficiency kitchen, and may share bathroom facilities with the primary dwelling.

Start With a Free, Anonymous Consultation

One of the program’s most valuable features is the ability to speak with program staff before identifying yourself or the property.

Potential applicants may request a free and confidential consultation without providing the owner’s name, the property address, or information identifying the ownership, occupancy, or location of the property. This allows an owner to ask questions, discuss the unit, and better understand the possible legalization paths before deciding whether to apply.

Submitting a formal application is a separate step. Once an owner applies, the City will require identifying information, supporting documentation, payment of the application fee, and consent to an inspection.

Two Possible Paths to Legalization

Program staff will help determine which of the following paths may be appropriate:

Path 1: Certificate of Occupancy

This path uses the standard building-permit process. It generally requires detailed plans, applicable permits, corrective work, City inspections, and final approval.

The City may allow the unit to be reviewed under the building standards in effect when it was constructed or converted, provided the owner can establish that date and the Building Official approves that approach.

Path 2: Housing Certificate of Compliance

Under this path, the unit must satisfy the Housing Code and minimum fire and life-safety standards. The owner must obtain certifications from licensed professionals confirming that the electrical, mechanical, and plumbing systems are in good working order and that the unit is free of major structural deficiencies.

Building permits may still be required for particular corrective work. A Housing Certificate of Compliance can be revoked if later fire, life-safety, or Housing Code violations are not corrected.

Documenting the Unit’s Age

Owners must establish that the unit was constructed or converted before January 1, 2020. The City may consider:

• County Assessor records
• Prior building, planning, or code-enforcement records
• Escrow or real estate transfer documents
• Insurance records
• Dated photographs
• Letters from licensed professionals
• Notarized letters from former owners or tenants
• Other documentation considered on a case-by-case basis

A long history of occupancy may help establish when the unit existed, but owners should discuss the available evidence with program staff.

What Does the Program Cost?

The initial confidential consultation is free. If the owner decides to apply, current City fees include:

$590 Amnesty Program application fee, including the initial inspection
$250 address-assignment fee for an ADU; JADUs do not require a separate address
A possible $250 reinspection fee under the Housing Certificate of Compliance path
Any applicable building-permit, plan-review, inspection, design, professional, or construction costs

Having an electrician, plumber, or other licensed professional inspect the unit does not, by itself, establish that the unit was properly permitted or legalized. However, professional certifications may be required as part of the Housing Certificate of Compliance process.

Understand What Happens After You Apply

The protection offered by an anonymous consultation should not be confused with what occurs after an application is submitted. Formal participation requires a City inspection.

Any fire, life-safety, or health hazards identified during the inspection must be corrected. Conditions presenting an immediate danger cannot be disregarded under the Amnesty Program or included in a requested delay of code enforcement.

Owners who are uncertain about the status of a unit should begin with the confidential consultation, review the program rules and pre-submittal checklist, and understand the likely scope and cost of legalization before formally applying.

For eligibility requirements, program documents, current fees, and contact information, visit the City of Berkeley’s Amnesty Program for Unpermitted Dwelling Units.

This article provides general information and is not a substitute for legal, architectural, engineering, or construction advice concerning a particular property.