Safety-First Amnesty Program

Have you recently discovered unpermitted construction and/or work in your home? You are not alone! Riverside’s Safety-First Amnesty Program presents homeowners with an opportunity to legalize unpermitted work without facing penalties. This initiative prioritizes health and safety, and helps protect both the built environment and homeowners’ investments.

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)

ADUs are attached or detached residential dwelling units, which are secondary in nature to a primary single-family dwelling on a parcel of property. Also known as “mother-in-law suites” or “granny flats,” ADUs provide complete independent living facilities for one or more people. ADUs include permanent provisions for sleeping, eating, cooking, and sanitation. They are permitted in association with a single-family residence, on properties which are zoned for single-family or multi-family use.

A JADU is a residential dwelling unit that is no more than 500 square feet in area, contained entirely within an existing single-family residence, includes one existing bedroom, and can have separate sanitation facilities from or shared sanitation facilities with the existing residence.

Retroactive Permitting Authorized Through State Legislation

In 2018 and 2024, legislation was passed to provide a compliance path for previously unpermitted dwelling units to be approved through retroactive permits. Senate Bill 1226 was codified into the Health and Safety Code (H&S) to address unpermitted residential dwellings and their accessory structures. Assembly Bill 2533 was codified into the Government Code and is specifically applicable to ADU and JADU; this Bill did not repeal regulations in the H&S Code and requires that the dwelling unit in question be determined not to be substandard pursuant to the criteria in the H&S Code. Both bills include different applicability dates.

Senate Bill 1226

On September 30, 2018, Senate Bill 1226, which added Health and Safety Code Section 17958.12, was signed into law. This law grants the Building Official discretion to apply the building standards that were in effect at the time a residential dwelling unit was constructed or when a structure was converted to a dwelling unit. When a building permit for a dwelling unit does not exist, the Building Official may determine when such structure was built and whether its construction complied with the building standards and other regulations and ordinances in effect at that time. Based upon that determination, a retroactive building permit may be issued.

Assembly Bill 2533

On September 28, 2024, Assembly Bill 2533 was signed into law. This bill builds upon SB 1226 by prohibiting a local agency from denying a permit for an unpermitted accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) that was constructed before January 1, 2020, unless the agency determines that correcting a violation is necessary to address a substandard condition, as defined by the State of California Health and Safety Code 17920.3. The bill also allows the homeowner to obtain a confidential third-party inspection by a licensed design professional or general contractor to evaluate the unit’s existing condition or the scope of required building improvements.

What is the Applicability of SB1226 and AB 2533?

SB 1226 is applicable only to existing single-family homes, duplexes, and accessory dwelling units within the City of Riverside constructed without a building permit prior to September 30, 2018.

AB 2533 is applicable only to existing single-family homes, duplexes, and accessory dwelling units within the City of Riverside constructed without a building permit prior to January 1, 2020.

Applicant is advised that new alteration, remodeling, and/or addition to the existing unpermitted work are required to comply with the current governing California building codes and other regulations.

Pre Application Process (Optional)

Before applying for a permit, homeowners may choose to obtain a confidential, third-party code inspection from a licensed contractor or design professional.

This optional evaluation allows the homeowner to better understand the unit’s existing conditions, identify potential code deficiencies, and anticipate the scope of improvements that may be required to bring the unit into compliance.

This inspection is not conducted by the City, is not reported to the City, and does not initiate code enforcement. Its purpose is to help homeowners make informed decisions prior to submitting a permit application.

Permit Application Process

1. Submit a building permit application through the public permit portal, ensuring the permit description clearly states: “AB 2533 – Legalization of Unpermitted ADU or JADU.”
2. The applicant must upload the following documents along with the permit application:
   1. Supporting evidence verifying that the construction occurred prior to January 1, 2020. Examples include, but are not limited to, Riverside County Assessor Records, utility bills, aerial photos, or date-stamped and unaltered photographs.
   2. A cover sheet and site plan including a scope of work statement, property address, owner information, and showing the property boundaries, adjacent road(s) and fire access, the location of the dwelling unit(s), setbacks to structures, lot coverage by structures, and all related measurements.
   3. A floor plans of the ADU/JADU.
3. Once all applicable fees are paid, the permit will be issued. The applicant must then schedule an inspection to determine whether any substandard conditions, as defined in Health & Safety Code § 17920.3, are present. The project will be closed once all such conditions have been corrected.

Project Fees

The applicant will be required to pay the applicable fee(s) based on the current fee schedule. The City shall not impose:

1. Impact fees, unless the ADU exceeds 749 sq. ft.
2. Connection or capacity fees, except where:
1. The ADU is a new construction or separate service is requested.
2. The ADU exceeds 749 sq. ft.

Inspections

For information on the inspection process, contact building & safety at (951) 826-5800 or visit our website

Frequently Asked Questions