Garage Conversions in California: Easier Now
Introduction:
The widespread housing shortage and resultant inflationary price of housing have caused consternation in California, the locale of the most expensive real estate in the United States. San Jose, California, the locus of high technology in the Bay Area, is the most expensive housing market in the United States.
Reacting to this housing crisis, the local governments have taken remedial steps. The permitting process in cities such as San Francisco has been simplified and streamlined. Multi-occupancy construction is now permitted in neighborhoods previously restricted to single-family homes, such as Berkeley.
And the ability of existing homeowners to build “mother-in-law” units and convert garages to living spaces legally has been enlarged and simplified in all of California.
Converting garages is not new. In some neighborhoods, hidden conversions are common, and it was once estimated that in the outer sunset neighborhood of San Francisco, a third of the homes were using garages as living areas, usually without permits and ignoring the various safety issues that such conversions create. Lack of adequate ventilation and fire egress has killed many, and the goal of the Legislature was to allow conversions more readily but retain basic safety requirements.
Having a legal conversion is critical for insurance purposes as well as for resale value. Insurance companies can refuse to pay out on insurance claims if illegal occupancy exists, and few buyers will not lower the bid when confronted with illegal spaces in the prospective home. It makes sense to obtain legal sanction for both future and existing conversions of garage space.
The Basic Law:
In California, transforming a garage into a habitable room is a formal process governed by state and local regulations. Undertaking this work without permits means the space does not comply with safety and building laws. Understanding the requirements, consequences, and the legalization process is the first step toward ensuring the converted space is safe and compliant.
In California, garage conversions into accessory dwelling units (ADUs) are legal and regulated by state laws, requiring compliance with specific building codes and local ordinances.
Regulations and Requirements
Permits Required: Converting a garage into an ADU requires obtaining the necessary building permits. Homeowners must submit plans that comply with local building codes and zoning regulations. Zoning is one of the areas being reconsidered in many locales due to the housing needs, and the relevant zoning restrictions should be reviewed in that light. Further, variances from zoning requirements can be sought.
It should be noted that the building codes have a very good purpose. Ensuring the ability to flee fires and to use materials that are not too flammable are both required and appropriate. One may save one’s own family by complying with these requirements.
New State Support:
California has enacted several laws (e.g., SB 1069, AB 68) to streamline the process for garage conversions, making it easier for homeowners to convert existing garages into legal living spaces. Local governments must approve compliant applications.
Setback and Zoning Regulations:
Garage conversions often qualify for reduced or zero setback requirements if the existing footprint is maintained. However, front setback requirements may still apply. Local zoning laws dictate how close structures can be to property lines.
Safety and Compliance:
The converted space must meet health and safety standards outlined in the California Building Code. Common issues include ensuring proper fire separation, adequate ventilation, and sufficient natural light. For example, a window must meet specific size requirements for emergency egress.
Parking Requirements:
If the property is within half a mile of public transit, replacement parking is not required when converting a garage. However, local jurisdictions may have their own parking regulations and should be consulted before commencing any such project.
The cost of converting a garage into an ADU in California typically ranges from $90,000 to $160,000, depending on various factors such as size and location. In the Bay Area, the cost is likely higher, but the value of the converted property is correspondingly higher. One homeowner told this writer that by converting his garage, he effectively doubled the usefulness of his property. “Like building a brand-new home on my own lot,” he emailed.
Prior Illegal Conversions:
A garage conversion becomes an illegal structure by failing to secure the necessary building permits. Any modification to the structure, electrical, plumbing, or mechanical systems requires a permit to ensure the work meets established safety and building codes.
Zoning regulations also determine a conversion’s legality. Residential zones have rules for land use, setbacks, and parking. Converting a garage may violate local ordinances by eliminating required off-street parking without an approved alternative. Each jurisdiction has its own zoning requirements that must be met.
Beyond permits and zoning, a conversion is illegal if it fails to meet the health and safety standards in the California Building Code. Common violations include inadequate fire separation between the garage and the main house, such as using improper drywall thickness. Other frequent issues are improper electrical wiring, insufficient natural light and ventilation, and the absence of a proper emergency egress window. (To be compliant, a window must have a minimum opening of 5.7 square feet, with a minimum height of 24 inches and a minimum width of 20 inches. The bottom of the window opening cannot be more than 44 inches from the floor.)
The ramifications of an unpermitted garage conversion include governmental fines and financial liabilities. Local code enforcement agencies can issue a Notice of Violation, followed by daily fines until the violation is corrected. In some instances, authorities may require the homeowner to demolish the unpermitted work and restore the garage to its original approved state, a process that can cost many thousands of dollars.
Illegal conversions are often reported by angry neighbors or repairmen visiting the premises, as well as insurance inspections. While enforcement can be a slow process, notice of violation immediately reduces the value of the property, makes insurance impossible to obtain at reasonable prices, and can cost many thousands in attorney fees.
If a fire starts due to faulty, uninspected electrical work, the insurance provider could deny the claim, leaving the homeowner responsible for all repair costs. Keep in mind that this could also cover all related damages, such as neighboring property being damaged by the fire, as well as personal injury or even death caused by the fire. Consider what would happen to your finances if the children or breadwinner next door were killed or permanently injured in the fire. Should a tenant or guest be injured in the unpermitted unit, the homeowner could face a lawsuit without insurance protection.
The presence of an illegal conversion can also complicate or prevent the sale or refinancing of the property. Lenders and title companies verify permits for any additions or significant alterations. Discovering an unpermitted conversion can halt a transaction, as lenders may be unwilling to finance a property with known code violations. This can force the homeowner to either legalize the space or demolish it to complete the sale.
Legalizing a Garage Conversion
The first step in the legalization process is to hire an architect, draftsperson, or a specialized design-build firm to create a set of detailed plans. This involves producing “as-built” drawings that accurately document the current state of the converted garage, including all structural, electrical, and plumbing elements. The professional will then draft a proposed plan for legalization, outlining the necessary modifications to bring the space up to current building codes.
Alongside developing plans, you will need to gather documents such as existing property records, site plans, and clear photographs of the unpermitted space. These materials will form part of the application package submitted to the local building department for review.
California’s Accessory Dwelling Unit (ADU) law includes provisions that can facilitate the legalization of unpermitted units. State law and related amnesty programs are designed to encourage homeowners to bring these units into compliance. These programs often apply to units built before a specific date and may allow for legalization under less stringent standards than those for new construction, provided the unit meets health and safety requirements. Exploring your eligibility for these programs with your architect can streamline the path to legalization.
The Legalization Process
Once your application package is complete, the formal process begins with its submission to the local building department. You will be required to pay plan check and permit fees at this stage, which vary based on the project’s scope and location.
The submitted plans then undergo a review by city or county plan checkers. These officials will check the drawings to ensure they comply with all applicable building codes, zoning regulations, and fire safety standards. It is common for the department to return the plans with a list of required corrections, which your architect or designer will address and resubmit until they are approved.
With an issued building permit, the physical correction work can commence. After the construction is finished, you must schedule a series of on-site inspections for areas like framing, electrical, plumbing, and insulation. A building inspector will verify that the work has been completed according to the approved plans. The inspector will provide a corrections list for any items that fail, which must be remedied before a follow-up visit.
After all corrections have been made and the work passes a final inspection, the building department will sign off on the permit. The final step is the issuance of a Certificate of Occupancy. This document is the official declaration that the converted space is legally habitable and compliant with all state and local codes.
Conclusion:
An illegal conversion carries substantial risks both in terms of personal liability and inability to sell or finance. It also endangers whoever may be seeking to live in the conversion. It may be an appropriate economic move to convert, but it is never a good idea to do it illegally, given the potential downside.
It will be time-consuming and cost significant dollars to convert legally. But the value of the home will increase in almost all cases, and you will know you did your duty in making the renovation legal and safe.