Legalizing an Un-Permitted Unit
January 20, 2023
Legalizing an un-permitted unit can be a complex and time-consuming process, but the difficulty level can vary depending on a number of factors. Here are a few considerations that may affect how hard it is to legalize an unpermitted unit:
Local Regulations
The difficulty of legalizing an un-permitted unit will depend on the specific regulations and requirements of your local government. Some areas may have more lenient rules for legalizing un-permitted units; in fact, as of this writing, Oakland, San Francisco, and Berkeley all have unit legalization programs or amnesty programs as of this writing, while others may have strict requirements or may not allow it at all.
Building Code Compliance
Not all un-permitted units were built equal. I’ve seen un-permitted units where you it was 100% built to code, and others with 6’ ceilings. If the un-permitted unit was not constructed to meet building codes and safety standards, you may need to make significant renovations or upgrades in order to bring it up to code. This can add to the difficulty and cost of the process. For example, if there are no egress windows in a basement unit, or the ceiling height is under 7’, these conditions may result in very significant costs for upgrades.
Legal & Professional Assistance
Depending on the complexity of your situation, you may need to seek the help of a legal professional and an architect to navigate the process of legalizing an un-permitted unit. This can add to the cost and time required to complete the process.
Overall, legalizing an un-permitted unit can be a challenging process, but it is often worth the effort if it enables you to bring the unit up to code, reduce liability, generate additional rental income, and create additional property value. It's important to thoroughly research the specific regulations in your area, consult with professionals as needed, and be prepared for a potentially lengthy process.
For our next post, we’ll be discussing building an ADU on your property.
