ADU Regulations in Berkeley, California (2026)

Regulations at a glance

Local rules & notes

Hillside Overlay Restrictions: ADUs in Hillside Overlay Districts (R-1H, R-2H, R-2AH) are restricted to only those required by Gov Code 65852.2(e)(1) (Statewide Exemption ADUs), effectively banning larger detached ADUs in these fire-prone areas. Nonprofit Separate Sale (AB 587): Allows ADUs developed by a qualified nonprofit to be sold separately from the main home to low-income buyers under a tenancy in common agreement. Zero Parking Requirement: The city requires no off-street parking for ADUs, exceeding state default standards which typically allow cities to require parking unless near transit.

For the official ordinance and latest updates, check your city or county planning department.

Frequently asked questions about ADU regulations in Berkeley

• What is the maximum ADU size in Berkeley, California?

  In Berkeley, the maximum ADU size is typically 1000 square feet, depending on whether the unit is attached or detached. California state law allows up to 1,200 sq ft for detached ADUs and 800 sq ft for attached in many jurisdictions; Berkeley may follow state defaults or have local limits. Verify with Berkeley planning for your specific lot.

• What are the setback requirements for ADUs in Berkeley?

  In Berkeley, typical setback requirements are 4 feet from the side property line and 4 feet from the rear. These may be reduced to 4 feet under California Government Code § 65852.2 where applicable. Check with Berkeley planning for overlay zones or design standards that could affect your site.

• What is the maximum height for an ADU in Berkeley?

  In Berkeley, the maximum height for an ADU is generally 20 feet. State law often allows up to 16 feet for detached ADUs and up to 25 feet when within 4 feet of the property line in some cases. Confirm with Berkeley or county planning for your zone.

• Is ADU approval ministerial in Berkeley?

  In Berkeley, ADU approval is typically Ministerial (by-right) per Gov Code §65852.2. Ministerial (by-right) review means the city must approve qualifying applications without discretionary review, per California Gov Code § 65852.2. Your project must still meet objective standards; Berkeley planning can confirm the exact process.

• Are there parking requirements for ADUs in Berkeley?

  In Berkeley, parking for ADUs is generally false. California law often waives parking for ADUs within a half-mile of transit or in certain historic districts. Check with Berkeley planning for your address.