ADU and JADU Development Standards

The City of Novato’s ADU and JADU Ordinance establish local regulations regarding ADUs and JADUs. The ordinances make it easier to develop an ADU or JADU and streamline the permit review process, which further encourages and facilitates ADU construction as a source of affordable housing. Novato's ADU regulations are provided in Municipal Code Section 19.34.030 and Novato's JADU updated regulations are provided in Ordinance 1721.

Current State ADU and JADU Law

State ADU and JADU regulations can be found in Government Code Sections 66310 to 66342 (ADUs and JADUs). Where there are conflicts between the most recent state ADU and JADU laws and the City's ADU/JADU ordinances, state law shall prevail.

ADUs offer a host of benefits to owners, occupants, and the community. 

• Rental Income. Not only are ADUs relatively affordable to construct, but they can provide a source of income for homeowners. The ADU Center provides resources for estimating potential rental income and return on investment. 
• Familial and Multigenerational Housing. ADUs allow extended families to live near one another while maintaining privacy and individual spaces. ADUs give homeowners the flexibility to share independent living areas with family members, friends, and others. Among many scenarios, this can mean providing seniors an accessible place to age as they require more care, or allowing family members with certain disabilities to obtain a sense of independence while being close at hand. 
• Safety and Security. Because ADUs are often occupied by family or friends of the property owner, they can provide additional sets of trustworthy eyes and ears for the neighborhood. This can be especially appealing for homeowners who are concerned about their safety or the security of their property. Having additional people on a parcel may also mean more hands available to respond to crises such as fire or medical emergencies.  
• Environmental Benefits. ADUs are generally smaller in size, located on already-developed lots, rely on existing systems for utilities, and are relatively easy to construct for water and energy efficiency compared to a typical single-family home. ADUs are considered a sustainable way of increasing housing stock since they do not require outward urban expansion, take fewer materials to construct, and can help reduce per-housing unit urban impacts. 
• Increasing Housing Stock. Housing needs well exceed housing supply in California. ADUs add subtle yet valuable density to established areas that may not accommodate larger developments. ADUs may also be used to cater to people at a variety of income levels and can provide as much living space as many newly built apartments and condominiums. They are well suited for couples, small families, friends, young people, disabled people, and seniors. 

To make the review process as efficient as possible, ADU and JADU applications are submitted to the Building Division as a building permit. The Planning Division will review the building permit submittal to confirm planning requirements are met.

All ADU/JADU construction projects require a building permit. Fill out all the forms listed below prior to your submittal: 

• Building Permit application
• A Declaration of Restrictions of Occupancy is required for ADUs to make sure the unit will not be rented for a period of less than 30-days. 
• A Declaration of Restrictions of Occupancy is also required for JADUs to ensure owner occupancy and make sure the unit will not be rented for a period of less than 30-days. 

Submit your application along with the required plans and documents to the City for review.  A complete application for an ADU or JADU will be approved or denied within 60 days. If the application for an ADU/JADU is denied, the City will return in writing a full set of comments to the applicant, with a list of items that are defective/deficient and a description of how the application can be remedied. 

Are you looking for a faster, lower-cost way to build an ADU? The City of Novato offers re-approved ADU plans to residents interested in building a detached ADU on their property. Pre-approved ADU plans are City approved plans that streamline the permitting process for homeowners and designers. Pre-approved plans make the review process faster and more affordable by reducing the amount of review needed to obtain a building permit. 

Review Novato’s list of pre-approved plans.

Once you select a design, you will contact the designer to proceed with the Plan Access Fee and discuss pricing, options, and construction. You will then work with your chosen designer to prepare a site plan and any necessary submittals, such as plumbing and electrical plans. Minor modifications to the pre-approved ADU plans are permissible but must be submitted and reviewed by the City. If the City deems the plan modifications to be significant, then the modifications cannot be processed through the pre-approval process and full building permit review will be required.

Note that a Pre-Approved ADU plan does not constitute an endorsement or recommendation of any specific designer, contractor, or other design professional by the City of Novato and the pre-approval status only applies to that portion of the structure above the foundation. 

The City does not yet have pre-approved plan submittals. We will add pre-approved plans to this section once they have been submitted, reviewed, and approved.

ADU Plan Pre-Approval for Designers

Qualified design professionals can apply to have their detached ADU plans “pre-approved” and featured on this website. The “pre-approval” process allows design professionals to submit construction plans for a detached ADU (structure only, not tied to a specific site or location). Homeowners can then review floor plans online and consider purchasing the plans from design professionals, which can then be submitted to the City with site-specific information for expedited review as part of a building permit application. 

Note, because every development site is unique, all pre-approvals apply only to the portion of the ADU above the foundation. Normal review will be required for the foundation of the structure upon building permit submittal.

How to Apply for ADU Plan Pre-Approval 

• Review the ADU Plan Pre-Approval Submittal Checklist for submittal requirements
• Prepare ADU plans 
• Submit a Master Plan ADU (non-site specific) for pre-approval without a building permit or submit a building permit application for an ADU for a specific site and request that it be added to the city’s pre-approval gallery upon approval. The Master Plan ADU fee is based on the standard building permit fee for an ADU.
• Once a Master Plan ADU or an ADU building permit application is complete and accurate, the City shall review the submittal within 30 days. 
• Once approved, a brief description of the size/type of pre-approved ADU plans, and the vendor contact information will be featured on this website.   
• Pre-approved ADU plans are valid until the City adopts new building codes which happens on three-year cycles (update anticipated in January 2026). 
  

Owners of an existing ADU or JADU that was built prior to January 1, 2020, without permits and inspections can apply for a building permit to legalize the unit through the City’s ADU Amnesty Program to delay enforcement for up to for five (5) years. The ADU Amnesty Program allows homeowners to voluntarily disclose their unpermitted units and initiate the legalization process exempt from the code enforcement and penalties typically associated with unpermitted ADUs. A property owner who receives a violation notice for an unpermitted ADU may also request to be included in the ADU Amnesty Program, subject to the same program requirements. 

The key amnesty eligibility requirements are: 

1. Proof of Construction Date: Homeowners must provide evidence that their ADU was constructed before January 1, 2020. This can include construction receipts, photographs, or other documentation acceptable to the City.
   
   
2. Compliance with Health and Safety Standards: To ensure the ADU is safe for occupancy during the five-year amnesty period, the City will perform a complimentary assessment of the ADU for compliance with current health and safety standards. This includes ensuring the unit is structurally sound, has proper electrical wiring and plumbing, and complies with fire safety regulations among other health and safety standards.  The Novato Substandard Checklist provides a list of the health and safety standards specified in Section 17920.3 of the Health and Safety Code that would deem an ADU/JADU substandard and thus ineligible for amnesty until the standards are met. 

Homeowners are encouraged to obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before attempting to permit an existing unpermitted ADU.

PERMITTING YOUR UNPERMITTED ADU/JADU

The delay in Building Code enforcement is for up to for five (5) years from the date the ADU/JADU enters the amnesty program. The ADU/JADU must be permitted during the five (5) year period. To be permitted, all ADUs/JADUs must meet Building Code standards. This may pose unique challenges for existing ADUs as such spaces may not have been originally designed to be habitable. Since the plan review and inspections will occur after the work is finished and often covered or concealed, the owner of an existing ADU/JADU will be responsible for making various components of the building accessible for inspection. This may require the removal of building finish coverings. Special testing or reports performed by a testing agency approved by the building department may also be required for foundations, electrical, and/ or mechanical systems.

Building features that require inspection include but are not limited to foundation elements, wall framing, electrical outlets, natural gas piping, HVAC system, insulation, plumbing, electrical, or mechanical elements. When the structure passes inspection, the permit becomes final, and permanent occupancy is granted.

WHY SHOULD I PERMIT MY ADU?

An ADU requires a building permit to be considered a legal dwelling unit; this includes a legal existing structure that has been converted to a dwelling unit without a permit (for example: converting a garage into an ADU) 

• Reduce the risks to the occupants. ADUs that are unpermitted may unknowingly present serious health and safety risks to the occupants.
• Reduce liability. An illegal ADU would pose as a significant liability to the owner. For example, insurance may not cover damages if a fire started in the unit.
• Increase your property value. Improve the potential for both the rental income and/or resale value by legalizing the ADU.
• For your peace of mind. Legalizing your ADU can eliminate any worries about code enforcement actions against you and minimize the risk of potential repercussions associated with complaints from tenants or neighbors.

You may need to meet additional requirements with other agencies or departments, depending on your property. 

• Development impact fees are required for ADUs that are 750 square feet or larger.
• School Fees are typically required for ADUs that are more than 500 square feet. School fees are specific to the school district and ADU size and are paid directly to the school district at the appropriate time. 
• New or separate utility connections and fees may be required. 
• If a soils report is required for your property, a plan review letter from a soils engineer confirming compliance may be needed. 
• Fire sprinklers may be required.