Amnesty Program for Unpermitted Dwelling Units

Apply to the Pilot Amnesty Program for Unpermitted Dwelling Units to get your unit inspected and legalized, protecting you as the property owner and ensuring the unit is safe, healthy, and habitable for tenants. This pilot program is limited to single family lots with an unpermitted Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) built prior to January 1, 2020.

If you own property in Berkeley, you can request free and confidential consultations with program staff prior to submitting your application and discuss legalization of an unpermitted unit without any disciplinary action or code enforcement proceedings. The program is available from Jan. 1, 2025 to Dec. 31, 2028.

Legalization improves safety for yourself and your tenants

Reasons to legalize your unpermitted dwelling unit include:

• Ensure tenants have a safe place to live
• Reduce risk of future code enforcement 
• Protect yourself by making sure the unit is safe and legal to use
• Make your property more appealing to buyers and renters
• Reduce your risk of uncovered damages since home insurance may not cover unpermitted units
• Avoid problems with tenants not paying rent because the unit is illegal
• Lower the chance of tenants reporting unpermitted work to authorities
• Enjoy peace of mind knowing your unit is safe and legal

steps BEFORE SUBMITTING AN AMNESTY PROGRAM APPLICATION

1. Contact Amnesty Program staff at UDUamnesty@berkeleyca.gov to schedule a free and confidential consultation to discuss legalization of your Unpermitted Dwelling Unit.
2. Review application materials and Program Rules to confirm your unit is eligible for participation in the Amnesty Program for Unpermitted Dwelling Units.
3. Research your property to determine the construction or conversion date of the unpermitted unit. To be eligible for participation in the Amnesty Program, the unit must have been constructed or converted prior to January 1, 2020.
4. For unpermitted JADUs, collect documents that prove the property owner resides at the property in either the primary unit or the attached JADU.
5. You can hire a third-party licensed professional to do a private inspection of your property's current condition to learn about repairs and types of improvements needed before you submit your application and contact Amnesty Program staff for assistance.
6. Complete a Pre-Submittal Checklist.
7. Contact Amnesty Program staff to schedule a second free and confidential consultation to review the Pre-Submittal Checklist and discuss pathways to legalization. 

Pathways to legalize your unit

Amnesty Program staff will work with you to help identify which legalization path to follow.

Path 1: Apply for a building permit and get a Certificate of Occupancy

Follow the standard building permit process and submit detailed plans including but not limited to site plan, floor plans, interior elevations, exterior elevations, building sections and details demonstrating specific code compliance requirements such as fire-resistant rating of a wall.

Owners of unpermitted dwelling units seeking legalization and issuance of a Certificate of Occupancy must obtain a building permit and have inspectors verify code compliance as approved on the plans. Compliance with building code requirements and the ADU zoning and development standards is reviewed as part of the building permit process.

Path 2: Apply for a Housing Certificate of Compliance

Units that meet the Housing Code and minimum fire and life safety standards can get a Housing Certificate of Compliance. The Housing Certificate of Compliance provides assurance to the property owner that code enforcement proceedings on the previously undocumented unit will not be triggered as long as no additional unpermitted work is performed on the unit and any future fire and life safety and Housing Code violations resulting from a Request for Service or Rental Housing Safety Program (RHSP) proactive inspection are addressed in a timely manner.

Ensure your unit has been inspected by a City Inspector and any fire and life safety and Housing Code violations documented at the time of the inspection have been corrected first.

SUBMIT AN APPLICATION

1. Confirm your unit is eligible for participation in the Pilot Amnesty Program.
2. Complete and submit an Amnesty Program Application Form.
3. Provide documentation verifying the construction/conversion of your unit. See Program Rules to learn more about what qualifies as eligible documentation.

Once application is received, staff will review for completeness. Depending on the level of demand, the City may place some Amnesty Program applicants on a waiting list.
 

KEY DIFFERENCES BETWEEN LEGALIZATION PATHWAYS

Hire Design and Construction Professionals

Applicants will be required to hire licensed professionals to legalize their unit. Visit Hiring Design Professionals and Contractors for guidance. The City of Berkeley makes no representation as to the qualifications of potential licensed professionals.

Letters from Licensed Professionals

Applicants seeking legalization under Path 2 (issuance of a Housing Certificate of Compliance) will be required hire licensed professionals and submit Inspection Certification forms certifying the electrical, mechanical, and plumbing are in good working order and the unit is free of major structural deficiencies. Legalization through issuance of a Housing Certificate of Compliance (Path 2) may also be required to hire licensed professionals to obtain building permits to perform specific corrective work.

Request a 5-Year Delay of Code Enforcement

Property owners with unpermitted ADUs or JADUs can request up to a 5-year delay of code enforcement to bring the unit into compliance with a specified building standard. Under no circumstances can these delays be applicable to the abatement of fire, life, and health safety violations.

To request your 5-year delay of code enforcement, submit an ADU Code Enforcement Delay Request Form to program staff. You can submit the form in-person to 1947 Center St, 3^rd floor (Permit Services Center) or email to UDUamnesty@berkeleyca.gov.

PROGRAM FEES

*The Amnesty Program Application Fee includes a filing fee, Application fee, Initial Inspection fee, and Technology fee.

Applicants may also be required to hire licensed design professionals to draft plans and other construction documents necessary for permit issuance, and licensed contractors to perform corrective work for legalization of the unit.

Request a New Address Assignment

Owners of all ADUs, except Junior ADUs, seeking legalization through the standard building permit process or issuance of a Housing Certificate of Compliance will need a new address assignment. Submit the address assignment   request for your ADU to the Building and Safety Division with a non-refundable payment of $250 prior to issuance of the building permit or Certificate of Compliance.