If a garage conversion or backyard unit was built without a permit, first establish when it was built, what the permit history shows, and whether it meets the City's definition of an ADU or JADU. San Jose has a specific AB 2533 legalization program for qualifying units built or converted before January 1, 2020. A unit outside that program may need the ordinary current-code ADU permit path.
- Confirm the unit was built or converted before January 1, 2020 with records the City accepts.
- Check the property's permit and Code Enforcement records.
- Review the City's substandard housing checklist and ask the ADU Ally team which application path applies.
- Do not assume every unpermitted room or garage conversion qualifies as an ADU. See all four paths for an unpermitted garage conversion.
What the City requires for AB 2533
The City says the unit must be an ADU or JADU under state law, be on the residential lot, and have been built or converted without a building permit before January 1, 2020. The owner must provide evidence of that date. San Jose's program FAQ lists assessor records, prior agency records, dated photos, rental documents, and construction documents among possible evidence. If the date cannot be proved, the City says the unit must follow its current requirements for a new ADU or JADU.
The state rule behind the program is Government Code section 66311.7, which started as AB 2533. It says a city may not deny a permit to legalize a qualifying ADU or JADU built before January 1, 2020 unless the unit fails the state's health and safety standard for substandard housing (Health and Safety Code 17920.3). Older sources cite the same rule as Government Code 66332. For how it works outside San Jose, see our guide to California's ADU amnesty.
The AB 2533 review focuses on substandard and unsafe conditions. The City says local ADU development standards alone, such as setbacks or parking, cannot be the sole reason to deny an otherwise qualifying older unit. Other restrictions still apply. Read the City's eligibility page and have City staff assess the actual property before committing to a design.
How the application and inspection work
San José lists seven steps, and says the process typically takes 4 to 6 months from a complete application:
- Review the program requirements. The unit must have been built or converted without a permit before January 1, 2020, and meet the state definition of an ADU or JADU.
- Gather your documentation. Proof of the construction date, such as County Assessor records, dated or aerial photos, or rental contracts from before 2020.
- Optional: get a pre-application inspection. A confidential inspection by a licensed designer or general contractor you choose. The City recommends it but does not require it.
- Prepare your plans. As-built plans showing the existing construction and the safety improvements needed.
- Submit your permit application. Email it to adu.ally@sanjoseca.gov with the subject line "AB 2533 legalization Application."
- Plan review and permit issuance. The City reviews the plans and issues the permit.
- Inspection, corrections and final sign-off. A City inspector checks the unit against the Substandard Housing Checklist. Only the corrections the inspector lists are required. Once they pass final inspection, the unit is legalized.
San Jose asks for date evidence, a signed substandard housing checklist, as-built plans showing existing construction and needed safety improvements, a building permit application, and an owner declaration. A confidential third-party inspection by a licensed design professional or contractor is optional and can help identify likely corrections. It does not replace City plan review or inspections.
After the City approves plans and issues the permit, a City inspector reviews the unit. The inspector identifies any areas that need to be opened and any substandard conditions to correct. Once required corrections pass final inspection, the unit can be legalized. If an open Code Enforcement case concerns only the ADU or JADU, the City's FAQ says it closes after final inspection. Other issues in the case may remain.
What fees and construction costs to expect
San Jose says standard permitting, plan check, and inspection fees depend on the unit size, with possible review fees from other departments. For an eligible unit built before 2020, state law says the owner does not have to pay impact fees or connection or capacity charges, with a narrow exception for utility work needed for health and safety. Ask the ADU Ally team which City fees still apply to your application. Construction cost depends on existing conditions and the inspector's correction list. We cannot quote a credible total from a typical garage size or a rent estimate. Review the City's fee schedule and get a written construction scope for the actual unit.
Where a contractor fits
We can examine the unit and available records, coordinate as-built plans, price needed construction, perform corrections, and arrange City inspections. The City decides eligibility, permit requirements, and final approval. For a unit that does not qualify under AB 2533, we can discuss a new ADU project or other permitted configuration after City review. See our code violation service for the broader workflow.