Safe ADU Newport Beach

Is your ADU legally permitted?

If your ADU or JADU isn’t legally permitted, Safe ADU can help.

Safe ADU is a new program from the City of Newport Beach that increases community safety and reduces homeowner risk of code enforcement through legalization of unpermitted ADUs and JADUs. 

Under a new state law, homeowners can legalize most unpermitted ADUs and JADUs as long as all health and safety issues are addressed. 

The ADU does not have to comply with current zoning standards, but it does need to meet current building codes. 

Note: ADUs and JADUs in the Coastal Zone cannot result in impacts to coastal resources such as public views and access, habitat, or wetlands.

Download Safe ADU handout

Why use Safe ADU?

With this program, you can:

  • Legalize your existing, unpermitted ADU or JADU

  • Receive a waiver of zoning standards.

  • Protect against code enforcement fines.

  • Improve safety for occupants and reduce your liability.

  • Increase property value.

What’s an ADU?

Looking for more basics about ADUs and Newport Beach rules? Check out these pages for more information.

ADU 101
Learn the Rules

Ready to get started?

Contact Staff

FAQs

  • The Safe ADU program is a process allowing residents of Newport Beach to legalize their existing, unpermitted ADU.

  • Any ADU built before 2020 qualifies for the Safe ADU program. In order to be legalized, all health and safety issues must be remedied and the ADU must be brought into compliance with the current building code. Unpermitted ADUs do not have to comply with the California Green Building Standards Code or California Energy Code.

  • State law SB897 requires all ADUs to comply with life and safety standards to be legalized, which means they must comply with the building code. In the past, inspectors have found unpermitted units lacking the following: fire rated walls; emergency egress windows; proper heaters; moisture barriers for foundations; shear walls, among others. Generally, an unpermitted unit created out of a living space will have fewer necessary upgrades than a unit created out of a non-living space (such as a garage).

    In addition, Effective January 1, 2025, in compliance with AB 2533, the following City of Newport Beach Substandard Housing Checklist is provided for homeowners seeking to legalize an existing Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) that was constructed prior to January 1, 2020. Please the Substandard Checklist here.

    1. Talk to Planning Division staff without disclosing your address to obtain general guidance on bringing your unit into code compliance.

    2. Consider hiring a licensed architect or design professional familiar with building code compliance.

    3. Document that the ADU was constructed prior to 2020 using utility bills, income tax bills, dated rental agreements, contractor bills, photos, or written affidavits from neighbors, former owners, or former tenants (final determination made by the City).

    4. Work with the Building Division on resolving all life safety issues.

    5. Submit a set of as-built plans demonstrating the ADU complies with the building code.

  • You can get more information about the program confidentially by visiting the Permit Center or submitting an online request through newportbeachca.gov/aduassist. You do not need to disclose your address.

  • Correction of the violation is mandatory; however, the Safe ADU program is an excellent opportunity to legalize the unit while taking advantage of the program benefits.