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Unpermitted garage conversion in San Jose: how to legalize it or undo it

Published Sep 28, 2026 · Silicon Valley Building Service and Repair

A garage turned into a bedroom, office or rental unit without a permit is unpermitted construction. San José gives you four ways to resolve it: permit it as an accessory dwelling unit under the state's amnesty rules, permit it as a new ADU under current code, legalize it as a room of the house, or put the garage back. Which one fits depends on when the work was done, what the space is now, and whether you can prove it. Every rule below links to the City or state source.

KEY TAKEAWAYS
  • Structural, electrical, plumbing and mechanical work typically needs a permit in San José.1
  • A unit built or converted without a permit before January 1, 2020 may qualify for the City's AB 2533 program, which the City calls a penalty-free path to legalize it.3
  • For a qualifying pre-2020 unit, the City cannot deny the permit only because it misses local standards such as setbacks, height or parking.4
  • When a garage is converted to an ADU, the City cannot require the lost parking spaces to be replaced.6
  • Outside the amnesty program, work started without a permit brings a City investigation and an investigation fee on top of the permit fee.12, 13

Step 1: find out what you have

  • Check the permit history. Search the address at SJPermits.org, which lists every permit pulled for the property.1, 2 A permit may exist for part of the work, or the conversion may predate you.
  • Find out when it was converted. For the amnesty path, the City accepts evidence such as County Assessor records, older City records that mention the unit, escrow papers or a disclosure statement that names the unit, dated or aerial photos, insurance policies, rental contracts from before 2020, contractor invoices, and date stamps on materials like wiring, lumber, the water heater or the electrical panel.4 The owner carries the burden of proof.4
  • Decide what the space is. The amnesty program only covers a space that meets the state definition of an ADU or JADU.3 A converted garage used as part of the main house, such as an extra bedroom, follows a different path. The City's ADU Ally team answers eligibility questions at adu.ally@sanjoseca.gov.9

Which path fits

Which path fits an unpermitted garage conversion Decision chart. If the converted garage is a separate unit and was converted before January 1, 2020 with proof of the date, use Path 1, AB 2533 amnesty. If it is a separate unit converted later or with no proof, use Path 2, a new ADU or JADU permit. If it is a room used as part of the main house and you want to keep it, use Path 3, legalize it as habitable space. If you do not want the space, use Path 4, restore the garage. Is the converted garagea separate unit (ADU or JADU)? Yes No Converted beforeJan. 1, 2020, and youcan prove the date? Do you want to keepthe living space? Yes No Yes No PATH 1AB 2533amnesty PATH 2New ADUor JADUpermit PATH 3Legalizeas a room PATH 4Restorethe garage Tap a path to jump to its section.
A starting point, not a ruling. The City's ADU Ally team and the inspector decide which path applies to your property.

Path 1: legalize a pre-2020 unit under AB 2533

State law now says a city cannot deny a permit for an unpermitted ADU or JADU built before January 1, 2020 because it violates building standards or does not meet ADU rules, including local ADU ordinances.5 The exception: the city can deny it if correcting the violation is needed to meet the state's substandard housing standards, and the rule does not apply to a building already deemed substandard.5

  • Fees: the owner is not required to pay impact fees or connection or capacity charges, except where utility work is needed to meet those health and safety standards.5
  • No penalty: if the inspector finds health and safety problems, the city cannot penalize the owner for having the unit and must approve the permits needed to correct them.5

San José's program sets four conditions: the unit was built or converted without a permit before January 1, 2020; you can prove the date; the unit meets the state definition of an ADU or JADU; and any substandard conditions are corrected before the permit is finaled.3

How it works. The City lists seven steps: review the requirements, gather your documents, get an optional pre-application inspection, prepare plans, apply by emailing adu.ally@sanjoseca.gov with the subject line "AB 2533 legalization Application," go through plan review, then pass inspection and corrections.3 The City says the process typically takes 4 to 6 months from a complete application.3

The inspection. A City inspector checks the unit against the Substandard Housing Checklist. The City calls it a safety-focused review, not a full building code check, and says only the corrections the inspector identifies are required.3 A confidential inspection by a licensed designer or general contractor you choose is recommended but not required.4

What does not qualify. A unit converted in 2020 or later, one that encroaches onto a neighbor's property, or one in a nonresidential zone, a recorded easement or greenbelt, or an unbuildable area such as a leach field.4 Attached patio covers and carports are not included and need their own permit.4

An open code case. If the case is only about the ADU or JADU, the City says it closes once the final inspection is complete.4 See legalizing an illegal unit as an ADU for more on this program.

Path 2: permit it as a new ADU or JADU

A unit that does not qualify for amnesty must be permitted under the City's current building code as a new ADU or JADU.4 Garage conversions are a standard project here. The City's ADU Service lists "Garage or basement conversion to ADU or JADU" as a qualifying project.8

  • ADU: state law allows an ADU inside an attached or detached garage.6
  • JADU: a junior unit has to be within the walls of the house, and an attached garage counts as part of the house.7
  • Parking: when a garage is converted to an ADU, the City cannot require the lost off-street spaces to be replaced.6
  • Plans: the City's plan set includes Title 24 energy calculations and a CALGreen checklist.8 The City's steps run from its ADU checklist and plan requirements through SJPermits.org, plan review, permit issuance and inspection.9

Path 3: legalize it as a room of the house

San José's legalization bulletin says construction done without permits must meet current zoning, building and energy codes. If electrical or plumbing work is now covered by drywall, it says to schedule a code enforcement inspection by calling 408-535-7770.10 The state's no-replacement-parking rule is written for ADUs.6 For a room of the house, ask the City what parking your lot needs before you choose this path.

These California Residential Code sections often decide whether a converted garage can pass:11

  • Ceiling height (R313): habitable space needs a ceiling of at least 7 feet. Bathrooms and laundry rooms need at least 6 feet 8 inches.
  • Escape window (R319): every sleeping room needs an emergency escape opening. The net clear opening must be at least 5.7 square feet (5 square feet at grade floor), at least 24 inches high and 20 inches wide, with the sill no more than 44 inches above the floor.
  • Smoke alarms (R310): when permitted alterations are made, the whole home must get smoke alarms located as required for a new home.
  • Carbon monoxide alarms (R311): required where the home has a fuel-burning appliance or fireplace, or an attached garage that opens into the home.
  • The slab (R317): a garage floor is built to slope toward a drain or the vehicle door, so the finished floor has to account for that slope.
Emergency escape window minimums Inside view of a bedroom wall. The window's clear opening must be at least 20 inches wide and 24 inches high, with at least 5.7 square feet of clear area, or 5 square feet at grade floor. The bottom of the opening can be no more than 44 inches above the floor. Finished floor Clear opening at least 5.7 sq ft (5 sq ft at grade floor) 20 in minimum width 24 in minimum height 44 in maximum, sill to floor
Minimum escape opening for a sleeping room under the 2025 California Residential Code, Section R319. The measurements are of the clear opening when the window is fully open, not the frame. The City decides what applies to your room.

Path 4: put the garage back

The City does not publish a separate handout for this. Removing a conversion goes through the ordinary permit process, and taking out wiring, plumbing or heating is subtrade work that typically needs a permit.1 Ask a code inspector at 408-535-7770 exactly what the City needs to close the case this way.1

What it can cost

  • Investigation fee: when permitted work was started without a permit, the City investigates before issuing any permit, and charges an investigation fee on top of the permit fee.12 The City's fee schedule sets it equal to the permit issuance, plan review and permit fees.13
  • Citation: the City's bulletin says it can issue a $1,000 citation for unpermitted work, and that owners who voluntarily seek compliance may avoid one.10
  • Under AB 2533: no penalty for having the unit, and no impact fees except the utility exception above.5
  • Construction: depends on what the inspector requires. We will not quote a total without seeing the space.

If you are selling

Sort out what is on record, and what the City will require, before you list. See selling a San José home with code violations before you list.

How we help

We are a licensed general contractor, CSLB #1050108. We look at the space and the permit record, coordinate as-built plans, price the corrections, do the work and schedule the City inspections. The City decides eligibility and gives final approval. For a new conversion done right from the start, see garage conversions and ADU vs garage conversion.

CONVERTED GARAGE? Call or text (408) 667-4946 with when it was converted, what it is used for now, and any City notice.

Common questions

Can San José make me tear out an unpermitted garage conversion?
For a qualifying unit converted before 2020, state law limits denial to conditions that must be fixed to meet substandard housing standards, and requires the city to approve the permits to correct them.5 For other conversions, the options are legalizing to current code or restoring the garage. Ask the inspector what applies to yours.
Do I have to add a parking space if I legalize my garage as an ADU?
No. State law says the City cannot require replacement of the spaces lost when a garage is converted to an ADU.6
Does the whole conversion have to meet today's code?
Under AB 2533, the City's review is safety-focused, not a full code check, and only the inspector's listed corrections are required.3 On the other paths, the City's bulletin says unpermitted construction must meet current zoning, building and energy codes.10

Sources

This page explains the construction side of San José's rules. It is not legal advice. The City and its inspectors decide what applies to your property.

Converted garage without a permit?

Call or text (408) 667-4946. We handle the plans, corrections and inspections. CSLB #1050108.
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