Nuts & Bolts (January 2025)
Attention Berkeley rental property owners! If you have an unpermitted Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) constructed or converted before January 1, 2020, the City of Berkeley’s Amnesty Program for Unpermitted Dwelling Units offers a rare opportunity to bring your unit into compliance without fear of penalties or enforcement actions. Here’s what you
need to know about this unique program and how it can benefit you.
Who Qualifies?
Currently, Phase One of this pilot program is focused on owner-occupied properties with:
• One single-family home, and
• One unpermitted ADU/JADU (attached or detached).
Property owners must establish that the unpermitted unit was constructed or converted before January 1, 2020, and provide documentation verifying the date to
qualify.
Key Benefits
• Anonymity and Confidentiality: The program offers free and anonymous consultations with Planning Department staff before you even apply. These sessions
allow you to explore pathways to legalization without disclosing personal information or property details.
• Flexibility with Code Requirements: The program accepts reasonable alternatives to current or prior code requirements, potentially reducing costly upgrades.
• Personalized Guidance: Program staff provide extensive support throughout the legalization process, ensuring you understand the steps and requirements.
• Enforcement Delay Options: Owners can request a 5-year code enforcement penalty delay for violations unrelated to fire, life, or health safety issues.
Critical Violations That Cannot Be Delayed
While the program allows for a delay of penalties for certain code violations, issues that present threats to fire, life, and health safety must be addressed immediately.
Examples of these violations may include:
• Fire Hazards: Missing or non-functioning smoke and carbon monoxide detectors, faulty electrical wiring, or inadequate fire separation between units.
• Structural Instability: Sagging floors, damaged support beams, or other defects compromising the unit’s structural integrity.
• Improper Egress: Blocked, undersized, or missing windows and doors that prevent safe escape in an emergency.
• Plumbing Issues: Cross-connections or backflow risks contaminating drinking water.
• Unsafe Heating Devices: Unvented gas heaters, space heaters, or malfunctioning HVAC systems.
• Mold or Pest Infestations: Evidence of water damage, mold growth, or infestations that pose health risks to occupants.
Two Legalization Pathways
1. Certificate of Occupancy: For fully legalized units, this certification ensures the property meets all applicable zoning and building codes.
2. Certificate of Compliance: This alternative certifies the unit as compliant for limited purposes but does not fully legalize it.
Costs to Consider
While the program is designed to be accessible, there are associated fees, including:
• Amnesty Program Application Fee: $590
• Address Assignment Fee: $250
• Building Permit and Additional Fees: Vary depending on the scope of work required to bring the unit into compliance.
Act Now to Take Advantage
This program offers eligible units a unique chance to bring unpermitted ADUs and JADUs into compliance without immediate penalties. However, life safety violations
must be resolved immediately and cannot be deferred. Whether you want to increase your property’s marketability, ensure long-term compliance, or reduce liability,
this program provides a valuable opportunity to legalize your unpermitted unit with expert guidance and flexible solutions.
For more information, including detailed program rules, eligibility requirements, and application materials, visit the BPOA website, or contact the Amnesty Program Coordinator, Galadriel Burr, (510) 981-7475, UDUAmnesty@ BerkeleyCA.gov.
This program represents a golden opportunity for BPOA members with qualifying properties — don’t let it pass you by!