HyreADU

Step 06 · Understand the rules

ADU permits: what is required and how long it takes

California put a clock on ADU decisions and a consequence on missing it. The measured record of what jurisdictions actually do is a separate question, and we publish that too.

The short answer

An ADU normally requires a building permit plus electrical, plumbing and mechanical permits, and planning approval. In California the decision is ministerial — no hearing, no discretionary review — and the agency must approve or deny a completed application within 60 days, after which it is deemed approved (Gov. Code § 66317).

What moves it

The statutory clocks

California, current numbering. Each is a separate deadline with a separate consequence.

  1. 160 days to decide

    Gov. Code § 66317(a)(3). From receipt of a completed application. Missing it means the application is deemed approved.

  2. 215 business days to determine completeness

    Gov. Code § 66317(a)(2), added by SB 543. A written determination listing what is missing, with a deemed-complete consequence.

  3. 360 business days on appeal

    Gov. Code § 66317(d). A final written determination on an appeal of incompleteness or denial.

  4. 430 days for a pre-approved plan

    Gov. Code § 65852.27. Detached ADUs on a current-cycle preapproved plan only.

  5. 5Tolling

    If you request a delay, the 60 days are tolled for the length of it.

01

Ministerial means no hearing

Under § 66317(a)(1) an ADU permit application is considered and approved ministerially, without discretionary review or a hearing, notwithstanding local ordinances on variances or special use permits.

Section 66317(c) goes further: no local ordinance, policy or regulation other than an ADU ordinance consistent with the article may be the basis for delaying or denying a building permit.

In practice this means an ADU application is checked against objective standards. It is not put to a neighbor vote, and objections from neighbors are not a basis for denial.

02

The clock and the record are different things

The statute says 60 days. What jurisdictions actually take is an empirical question, and we measured it from published permit records rather than assuming compliance.

The distinction matters when you are planning. A statutory deadline tells you what you are entitled to; the measured distribution tells you what to budget for. Both are on this site and they do not always agree.

03

Unpermitted units

A large share of the ADU stock was never permitted. Legalizing an existing unpermitted unit is a different process from permitting a new one, with its own evidentiary problems — chiefly proving when the work was done and to which code cycle it must be brought.

California has created routes for this, and the counts of what exists are necessarily estimates. Both research pages below are explicit about the limits of the evidence.

Questions

Questions people ask

More in the full FAQ.

How long does it take to get an ADU permit?

In California the agency must approve or deny a completed application within 60 days, and the application is deemed approved if it does not (Gov. Code § 66317(a)(3)). Measured approval times from jurisdiction permit records vary considerably around that; see our permit times research for the distribution.

What permits does an ADU need?

Typically a building permit plus separate electrical, plumbing and mechanical permits, with planning review of the site plan. Utility connections, sewer or septic, and in some cases fire department sign-off are handled separately. The exact set is jurisdiction-specific.

Can my neighbors object to my ADU?

They can object, but in California it is not a basis for denial. The decision is ministerial under Gov. Code § 66317(a)(1) — reviewed against objective standards without a hearing or discretionary review.

What happens if the city misses the 60 days?

Under Gov. Code § 66317(a)(3) the application is deemed approved if the agency has not approved or denied a completed application within 60 days. Two conditions do real work in that sentence: the application must be complete, and time is tolled for any delay you requested.

Sources

  1. California Government Code §§ 66310–66342 (State ADU Law) Retrieved 2026-09-05 · Recodified from § 65852.2 by SB 477 (2024); fee section renumbered to § 66311.5 by SB 543 (2026).

Last reviewed 2026-09-16

Plan your project

Tell us about your ADU

Three short steps: the ADU you want, your home, and how to reach you. Nothing goes to a contractor unless you agree.

A straight answer: our ADU professional matching is still being built, so this is not a quote service, and we cannot tell you whether your lot qualifies. We can help you work out which questions to ask and what a thorough proposal should contain. Your planning department decides what is permitted at your address.

Get ADU Options

Tell us about the ADU you are planning and where you are. We will follow up about connecting you with contractors serving your area.

Step 1 of 3: your project