Building an ADU in Oakland, California

What you can build in Oakland

Oakland says it "typically permits ADUs on properties located within residential or mixed-use zones." Check your lot's zone on the city's Interactive Zoning Map.

On a lot with a single-family home, the city sorts ADUs into three types:

• Junior ADU (JADU): a unit carved out of space inside the house, such as a bedroom or attached garage. It can be up to 500 sq ft and cannot add to the building's footprint.
• Category One ADU: a conversion of space in the house or in an existing accessory structure, or a rebuild of an existing detached structure in the same spot and to the same outside size.
• Category Two ADU: a new detached building, or a new addition attached to the house.

You can have one of each, in any order, for up to three units. ADUs need their own entrance and their own kitchen.

On a lot with an apartment building, the categories differ. Category One converts non-living space such as storage rooms, attics, basements or garages. Category Two builds a new detached ADU or converts an existing detached structure. Category Three builds one ADU attached to the building, and choosing it "prevents the creation of any other ADU types on the lot." See the city's ADU with Multi-Family Home page for the multi-family application.

For the statewide rules behind all of this, see our California ADU guide. [1][3][4]

Size, height and setbacks

These limits come from the city's ADU Zoning Criteria Checklist for single-family lots (updated July 21, 2026).

• Detached Category Two ADU: up to 850 sq ft for a studio or one bedroom, and up to 1,000 sq ft for two or more bedrooms. It must be at least 6 ft from other homes on the lot, unless that would block a minimum-size ADU.
• Attached Category Two ADU: up to 850 or 1,000 sq ft by bedroom count, or 50% of the house's floor area as long as it is no more than 1,200 sq ft.
• Category One conversion: the size of the existing space, plus up to 150 sq ft for an entrance or exit. If the expansion goes beyond 150 sq ft, the total is capped at 850 sq ft (studio or one bedroom) or 1,000 sq ft (two or more bedrooms), and the expansion must meet setbacks.
• Junior ADU: no more than 500 sq ft.
• Height of a Category Two ADU: 20 ft. If the ADU meets all the zone's regular setbacks, the zone's height limit applies instead and may be higher.
• Side and rear setbacks: at least 4 ft, or the zone's regular setback if that is less, but never less than 3 ft.

The zone's lot coverage, floor area ratio and front setback rules apply, except where they would block one ADU of up to 850 sq ft and 18 ft tall.

Note on attached ADU height: California's housing department says state law lets an attached ADU be built to 25 ft, or to the height limit for the main house if that is lower. Oakland's checklist caps all Category Two ADUs at 20 ft unless they meet regular setbacks. If you want an attached ADU taller than 20 ft, ask Oakland Planning how it applies the state rule to your lot. [3][5]

Parking

Oakland requires no extra parking for an ADU inside its mapped "No Parking for ADUs" area. That area covers lots within half a mile of a public transit stop, in a historic Area of Primary or Secondary Importance, where on-street permits are required but not offered to the ADU tenant, or within one block of a dedicated car-share space. The layer is on the city's zoning map.

Outside that area, a new Category Two ADU needs one parking space per unit, and tandem parking is allowed.

State law says a city may not require parking to be replaced when a garage or carport is torn down or converted to build an ADU. Oakland's checklist does ask for replacement of lost parking in the S-9 fire zone (see below), so confirm with Planning if your lot is there. [3][5]

Hills and fire zones (S-9)

Oakland's S-9 Fire Safety Protection Combining Zone covers high-fire areas. Check whether your lot is in it on the city's S-9 zone map.

In the S-9 zone, the checklist allows only one ADU or JADU of any type per lot. A conversion inside the existing house is allowed. A new Category Two ADU, or a conversion outside the house's walls, qualifies only if you have an approved Reasonable Accommodation request (for example, for a disabled occupant or a live-in caregiver) or you add at least one off-street parking space beyond what the house already needs. Any parking lost to the ADU must be replaced on the lot.

The city also says creek areas have extra requirements. Your project must also comply with Oakland's Tree Preservation and Creek Protection ordinances. [1][3]

Fees

Oakland's ADU pages do not list dollar amounts. You pay an application fee when you apply for the building permit, and the city then issues a permit number. Using a city pre-approved plan lists "Reduced permits fee" as a benefit. The city also warns that "Separate school district developer fees may be owed before your permits are issued."

Under state law, a city, special district or water company may not charge impact fees on an ADU with 750 sq ft or less of interior living space, or on a JADU of 500 sq ft or less. On a bigger ADU, impact fees must be charged in proportion to the size of the ADU compared with the main house. State law also says an ADU or JADU is generally not treated as a new residential use when setting utility connection fees, unless it is built at the same time as a new single-family home.

Utility work can add costs. Detached ADUs need a city sewer lateral permit. If construction valuation is over $100,000, you also need an East Bay MUD Private Sewer Lateral compliance certificate. See our ADU cost guide and ADU financing guide. [1][5][6]

How long it takes

State law says the city must approve or deny a complete ADU application within 60 days when there is already a home on the lot.

Oakland publishes its own estimates, counted in business days for complete applications. It says these timelines "are not exact."

• Zoning review of an ADU: "10 days up to 20 days."
• Building review of a residential project including a new ADU: "21 days."
• Engineer review of an ADU using city pre-approved plans: "10 days."

Check the current figures on the city's Average Permit Processing Turnaround Times page. Our ADU permit process guide explains the steps in general. [5][7]

Pre-approved ADU plans

Oakland offers "off-the-shelf" pre-approved ADU building plans for a studio, a one-bedroom and a two-bedroom unit, on lots with single-family or multi-family homes. The city lists faster approval, reduced permit fees and possible build cost savings as the benefits. Download them from the pre-approved plans page.

The plans still need a site review. The city says "Final approval of an ADU project is site-specific, even when using a City pre-approved plan," and "Pre-approved plans may not be an option in certain neighborhoods or districts of the city." You submit a Zoning Worksheet with your site plan and the chosen plan, then a building application with a signed hold harmless agreement and your Title 24 energy documents. Once fees are paid and issues are resolved, the city says your building permit "will be issued for construction within 10 business days." [6]

Junior ADUs and garage conversions

A junior ADU sits inside the house and is capped at 500 sq ft. It may use an attached garage. It needs an efficiency kitchen and either its own bathroom or a shared one with an inside connection to the house. It cannot be in a detached building.

Before the building permit is issued, you record a notarized JADU deed restriction. It bars selling the JADU separately from the house, and, if the JADU shares a bathroom with the house, requires the owner to live in the JADU or the house.

Owner-occupancy note: Oakland's main ADU page says a JADU "Requires the owner to live on the property." The newer zoning checklist (July 2026) and California's housing department say owner occupancy is required only when the JADU shares sanitation facilities with the house. The checklist matches state law; confirm with Oakland Planning.

Converting a garage or other existing accessory building is a Category One ADU. You can only add up to 150 sq ft for an entrance or exit under the simple path. See our junior ADU guide and garage conversion guide. [2][3][5]

Lot splits and two-unit homes (SB 9)

Oakland limits SB 9 to certain lots. Its SB 9 page says "Only parcels that are zoned single-family residential in the RH zone" and are outside the Very High Fire Hazard Severity Zone may be considered. On an eligible lot you may build up to two units without splitting it, or split a lot of at least 2,400 sq ft into two lots of about equal size with up to two units on each. A lot split needs Tentative Parcel Map review by the City Surveyor. See the city's SB-9 page and our SB 9 guide. [8]

Renting it out

Oakland ADUs may be rented only for stays of 30 days or longer. The city's short-term rental rules say "rental of a Secondary Unit for less than thirty (30) consecutive days is not allowed." The city's July 2026 zoning checklist is stricter: rentals "must be for periods longer than 30 consecutive days." Before you rent the ADU, the city says "you must first acquire a Business License." Apply on the city's business license page. See also Oakland's Short Term Rental Regulations. [1][2][3][9]

Legalizing an existing unpermitted ADU

Oakland runs an amnesty program for ADUs and JADUs built without permits. To qualify, the unit must have been built and occupied before January 1, 2021, and you must apply before January 1, 2030. Amnesty waives existing Planning Code violations. For units built before January 1, 2020, it can also delay enforcement of Building Code violations for up to five years or until January 1, 2035, but not when the unit is dangerous or has safety violations.

Under state law AB 2533, for a unit built before January 1, 2020, the city "shall not deny a permit to legalize" it, cannot penalize you for the unpermitted unit, and generally cannot charge impact fees or connection charges. You still must fix health and safety problems. Details are on the city's legalization page. [10]

Permit steps in Oakland

1. Confirm your zone

   Look up your lot on the Interactive Zoning Map and check the S-9 fire zone map. [1][3]

2. Design your ADU

   Use a city pre-approved plan or your own design. A designer, licensed architect or engineer is not required but the city recommends one, plus a licensed contractor. Review the Zoning Criteria Checklist. [1]

3. Apply for zoning approval

   Submit your application through the Online Permit Center, which requires you to register. Wait for written zoning approval before moving on. [1]

4. Apply for the building permit

   Prepare plans using the city's building plan requirements and checklist, apply through the Online Permit Center and pay the application fee. You then get a permit number. [1]

5. Submit a recycling plan

   Every Oakland building permit needs an approved Recycling Plan (WRRP), filed through Green Halo, before it is issued. See the city's recycling requirements. [1]

6. Arrange utilities

   Detached ADUs need a sewer lateral permit. Projects valued over $100K need an East Bay MUD Private Sewer Lateral certificate. You may need a separate gas meter; request service from PG&E. [1]

7. Print your permit

   When zoning and building both give final approval, you get an email to print your permit, inspection card and plans, which stay on site. [1]

8. Build, inspect and get your Certificate of Occupancy

   Schedule inspections as you build. Submit your Green Halo recycling summary report before the final inspection. The city issues the Certificate of Occupancy after the final inspection. [1]

Pre-approved and sample plans

• Oakland Pre-Approved ADU Plans

  City building plans for a studio, one-bedroom or two-bedroom ADU, with faster review and reduced permit fees; final approval still depends on your site. [6]

Who to call

• Oakland Planning Bureau (zoning)

  Zoning questions and ADU zoning review

  (510) 238-3911

  [2][11]

• Oakland Building Bureau (permit counter)

  Building permits and plan check

  (510) 238-3891

  [2][11]

• Oakland Building Inspections

  Construction inspections

  (510) 238-3444

  [11]

• City of Oakland Permit Center

  In-person and virtual permit appointments; appointments take priority over walk-ins

  250 Frank H Ogawa Plaza, Oakland, CA 94612

  [11]

• Permit & Services Questions Portal

  Online questions about permits, zoning and inspections

  [12]

Questions people ask