If you are a home buyer searching for a home, make sure you look into ADU rules, whether or not you plan to add one. If you don’t know what an ADU is, it is an “accessory dwelling unit,” or an additional structure that is a separate living space, which can be constructed on a lot. Many people love these as they can either house family members or have an income-producing unit on their property.

There are requirements and size restrictions for ADUs, so if you are planning to build one make sure you understand these. As far as size, the maximum square footage is 1200 square feet, excluding garages.

In the county of San Diego the rules state that a single family home can have 1 ADU and/or 1 junior ADU, and if it is zoned as a multi-family property 2 detached ADUs may be built. There are mandatory setback regulations so make sure you check those out as well.

Here is the problem that many people don’t know about – and neither did I until just a few days ago – there is a loophole referred to as the Bonus ADU Program that EVERY buyer needs to understand.

The Bonus ADU Program overrides current ADU laws and is a big win for developers. It allows them to build up single family homes, turning them into “high-density apartment complexes, even in high-risk fire areas,” or to build more than the state mandated maximum for ADUs per lot.

The loophole was apparently approved by the city council because it stated that the county was going to adopt state mandates for ADUs, and implied that everything in the report was required by the state of California. However, the loophole was apparently hidden in the middle of the report (why they council did not go through it methodically is anyone’s guess), and it gave a great deal of freedom to developers.

There are currently lawsuits related to this issue, but there are homeowners taking advantage of the exception (as the photo of a neighborhood in the San Diego Clairemont area shows). Make sure you understand your rights and those of your neighbors when it comes to ADUs, and do your research on this issue prior to purchasing a home.