ADU size, setback and height limits in California (2026)
PUBLISHED SEPTEMBER 10, 2026 · UPDATED SEPTEMBER 10, 2026 · REVIEWED BY MILAD KAZEMI
California caps what your city may restrict. A local ordinance cannot set a maximum ADU size below 850 sq ft of interior livable space, or below 1,000 sq ft for an ADU with more than one bedroom. It cannot apply lot coverage, floor area ratio, open space, front setback or minimum lot size rules in a way that prevents an 800 sq ft ADU with four-foot side and rear setbacks. And it must allow at least 16 feet of height for a detached ADU, 18 feet within half a mile of a major transit stop, and 25 feet or the primary dwelling's limit — whichever is lower — for an attached ADU. These floors are in Government Code section 66321, and the 60-day decision deadline is in section 66317; both were amended by SB 543, effective 1 January 2026.
Law verified as of 10 September 2026 against the text published by the California Legislature. Every figure below is quoted to its section.
The short answer
Your city sets ADU rules, but it does not set them freely. State law fixes floors it cannot go below. Three of them decide most projects:
| Standard | The floor your city cannot go below | Statute |
|---|---|---|
| Maximum size | 850 sq ft interior livable space; 1,000 sq ft if the ADU has more than one bedroom | § 66321(b)(2) |
| Size protected from lot coverage / FAR / open space / front setback / minimum lot size | 800 sq ft with 4 ft side and rear setbacks | § 66321(b)(3) |
| Height, detached | 16 ft | § 66321(b)(4)(A) |
| Height, detached, within ½ mile walking distance of a major transit stop or high-quality transit corridor | 18 ft, plus 2 ft to align the roof pitch with the house | § 66321(b)(4)(B) |
| Height, detached, on a lot with an existing or proposed multifamily multistory dwelling | 18 ft | § 66321(b)(4)(C) |
| Height, attached to the primary dwelling | 25 ft, or the local limit for the primary dwelling, whichever is lower | § 66321(b)(4)(D) |
| Decision deadline | 60 days from a complete application, then deemed approved | § 66317(a)(3) |
| Completeness determination | 15 business days, then deemed complete | § 66317(a)(2) |
Both sections were amended by SB 543, Stats. 2025, ch. 520, effective 1 January 2026.
The 800 versus 850 confusion, and why it matters
Almost every ADU guide states a single size number. The statute has two, doing different jobs, and conflating them is what produces bad advice.
850 square feet — and 1,000 square feet where the ADU has more than one bedroom — is the floor on a maximum-size ordinance. Section 66321(b)(2) says a local agency shall not establish a maximum square footage requirement below those figures. Your city can be more generous. It cannot be stingier.
800 square feet is a different protection. Section 66321(b)(3) bars a city from applying lot coverage, floor area ratio, open space, front setback or minimum lot size rules — or demanding a separate zoning clearance, or sizing your ADU as a percentage of the house — in any way that does not permit “an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.”
The practical consequence: a small or awkward lot that fails the city’s lot-coverage test is not automatically disqualified. If the city’s standards would block an 800 sq ft ADU with four-foot side and rear setbacks, those standards do not get to block it.
Front setbacks are not the same as side and rear
This is the detail most often reported wrongly. The four-foot figure in § 66321(b)(3) is expressly side and rear. Front setbacks appear in the same subdivision, but as one of the standards that cannot be applied so as to prevent that 800 sq ft ADU — not as a dimension the state fixes for you.
In practice, read your local front setback and test it against the 800 sq ft protection rather than assuming either that it is waived or that it controls. On a deep lot it rarely binds. On a shallow one it is often the constraint that decides where the unit goes.
What the deadlines actually give you
Section 66317 is more useful to a homeowner than it looks, because it converts vague municipal slowness into dates.
- 15 business days — the agency must determine whether your application is complete and tell you in writing. If it does not, § 66317(a)(2)(F) deems the application complete.
- The incompleteness list is binding. If the agency says your application is incomplete, it must give you the list of missing items and how to cure them — and under § 66317(a)(2)(D) it cannot later demand an item that was not on that list.
- 60 days — from a complete application, the agency must approve or deny. Under § 66317(a)(3), if it does neither, the application is deemed approved.
- A denial has to be specific. Section 66317(b) requires a full set of written comments listing what is defective or deficient and describing how you can remedy it.
- Appeals get 60 business days for a final written determination, under § 66317(d)(2). Being able to appeal to both the planning commission and the governing body does not extend that period.
The 60-day clock tolls if you request a delay, and the agency may hold an ADU decision if you filed it together with an application for a new primary dwelling. Those are the exceptions the statute names.
Why your guide probably cites the wrong law
California ADU law used to sit at Government Code § 65852.2. SB 477 (Stats. 2024, ch. 7) moved it into a new Chapter 13 of the Planning and Zoning Law, §§ 66310–66342. Query § 65852.2 on the Legislature’s site today and it returns no section text.
A very large share of ADU pages — including pages that rank well — still cite § 65852.2 and quote figures that predate SB 543. If a page cites the repealed section, it has not been reviewed since 2024, and its numbers should be checked rather than trusted.
The state floor is not the whole answer
Everything above is what your city cannot do. What your city does do sits on top of it, and in this region it varies more than most homeowners expect. Agoura Hills, Calabasas, Westlake Village, Hidden Hills, Malibu and Thousand Oaks each run their own building department with its own ordinance, submittal format and queue. Woodland Hills, Tarzana, Encino and Sherman Oaks are City of Los Angeles and go through LADBS. Unincorporated pockets go to Los Angeles County.
Fire hazard severity zones, hillside ordinances, Coastal Zone jurisdiction, septic capacity and utility connections all sit outside the state ADU floors and can be the actual constraint on a given lot. The state statute tells you the city cannot say no on size, setback or height grounds within these limits. It does not tell you your lot works.
That is a site-specific question, and it is worth answering before you pay anyone to draw anything.
Sources
Rules change. Confirm anything you are relying on against the agency directly.
- 01Gov. Code § 66317 — ADU permit processing, completeness, and the 60-day deadline
- 02Gov. Code § 66321 — size, setback and height standards
- 03SB 543 (2025) — Stats. 2025, ch. 520, amending §§ 66317 and 66321
- 04SB 477 (2024) — Stats. 2024, ch. 7, which created Gov. Code ch. 13
- 05California HCD — Accessory Dwelling Unit Handbook
- 06LADBS — Los Angeles Department of Building and Safety
Questions we get asked
- What is the maximum size ADU California requires my city to allow?
- Your city may set a maximum size, but Government Code § 66321(b)(2) prevents it from setting that maximum below 850 square feet of interior livable space, or below 1,000 square feet for an ADU with more than one bedroom. A city can allow more. It cannot allow less.
- Is the ADU size limit 800 square feet or 850 square feet?
- Both figures are in the statute and they do different jobs, which is why guides get this wrong. 850 sq ft (1,000 sq ft with more than one bedroom) is the floor on a maximum-size ordinance under § 66321(b)(2). 800 sq ft is the figure protected under § 66321(b)(3) against lot coverage, floor area ratio, open space, front setback and minimum lot size rules. A city cannot use those standards to stop you building an 800 sq ft ADU with four-foot side and rear setbacks.
- What side and rear setbacks apply to an ADU in California?
- Four feet. Under § 66321(b)(3) a local agency cannot impose development standards that prevent an ADU of at least 800 square feet with four-foot side and rear yard setbacks. Front setbacks are treated differently — the statute lists front setbacks among the standards that cannot block that 800 sq ft ADU, so read your local front setback against that limit rather than assuming it is waived.
- How tall can an ADU be in California?
- Under § 66321(b)(4) a city must allow at least: 16 feet for a detached ADU; 18 feet for a detached ADU within half a mile walking distance of a major transit stop or high-quality transit corridor, plus two more feet to match the primary roof pitch; 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling; and 25 feet, or the local height limit for the primary dwelling if that is lower, for an ADU attached to the house. A city is never required to allow more than two storeys.
- How long does my city have to approve an ADU permit?
- Sixty days from a complete application, under § 66317(a)(3), if there is already a single-family or multifamily dwelling on the lot. If the agency does not approve or deny within 60 days, the application is deemed approved. Separately, the agency has 15 business days to tell you in writing whether your application is complete, and if it misses that, the application is deemed complete.
- Does the 60-day clock ever pause?
- Yes, but only in the ways the statute allows. If you ask for a delay, the 60-day period is tolled for the length of that delay. If your application is submitted alongside an application for a new primary dwelling, the agency may hold the ADU decision until it decides the primary dwelling. An incompleteness determination restarts the completeness process rather than extending the 60 days indefinitely.
- Why do so many ADU guides cite Government Code § 65852.2?
- Because that is where California ADU law used to live. SB 477 (Stats. 2024, ch. 7) moved it into a new Chapter 13 of the Planning and Zoning Law at §§ 66310–66342. A search for § 65852.2 on the Legislature's own site now returns no section text. Any page still citing it has not been reviewed since at least 2024, which is a reasonable signal about the rest of its content.
- Do these state floors override my city's ADU ordinance?
- They constrain it. The state sets minimums a local ordinance cannot go below, and § 66317(c) says no local ordinance, policy or regulation other than a conforming ADU ordinance can be the basis for delaying or denying the permit. Your city still applies building code, fire access, utility and site-specific requirements on top. Both layers are real, and which city you are in changes the second layer substantially.
Send us the address.
Tell us the property and roughly what you want to build. We come back with what the zoning allows, the likely permit path, and a fixed fee for the first phase.