Gov. Code, § 66328 · Article 2. Accessory Dwelling Unit Approvals
Gov. Code, § 66328
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.
(b) Notwithstanding subdivision (a), a local agency shall issue a certificate of occupancy for an accessory dwelling unit constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, if both of the following requirements are met, even if the primary dwelling has not yet been issued a certificate of occupancy:
(1) The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation issued by the Governor.
(2) The accessory dwelling unit has been issued construction permits and has passed all required inspections.
(c) Subdivision (b) does not apply to an accessory dwelling unit attached to the primary dwelling.
Notes and commentary — not statutory text
History
Amended by Stats. 2025, Ch. 491, Sec. 1. (AB 462) Effective October 10, 2025.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=66328.
- Text hash
- sha256 3576f9fbb681da7fa9427608255277ae136c4aa54216ebf283e23d4313d7aa4c
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.