Berkeley’s pilot program describes two different outcomes for qualifying unpermitted accessory dwelling units (ADUs) and junior ADUs (JADUs). One route uses a building permit and leads to a Certificate of Occupancy; the other may lead to a Housing Certificate of Compliance. The City’s comparison assigns them different zoning, code, permit, and continuing-compliance requirements. Neither route should be assumed to fit a particular property without the City’s review.
Check the pilot’s stated limits
The City currently describes the program as applying to an unpermitted ADU or JADU on a single-family lot that was built or converted before January 1, 2020. Berkeley lists the pilot period as January 1, 2025 through December 31, 2028, and says applicants may be placed on a waiting list when demand is high. A JADU applicant also needs evidence that the owner lives in the property. Confirm the current program rules, application intake, and parcel eligibility with program staff before relying on these dates or starting an application.
The City offers free, confidential consultations before an application. Staff can review the property information and help identify the applicable route. A private inspection can help an owner understand possible repairs, but it is not a City approval or certificate.
Compare the two certificate paths
| Question | Building permit and Certificate of Occupancy | Housing Certificate of Compliance |
|---|---|---|
| Main review | Detailed plans, building-permit review, zoning review, and inspection against the approved plans | City inspection for Housing Code and minimum fire and life-safety standards |
| Permit | Building permit required | Permit required if corrective work is needed |
| Zoning review | Required | The City’s comparison says no zoning review is required for this certificate path |
| Code basis | The City lists current building-code requirements or the code from the construction or conversion year | Housing Code and minimum fire and life-safety standards |
| Ongoing status | The City’s comparison says future violations do not revoke this certificate | Future violations may affect continuing compliance; the City describes conditions that can revoke the status |
| Permit-fee basis | Estimated total construction or conversion value | Specific corrective-work value; a reinspection fee may also apply |
The City labels either certificate as a legalization outcome upon issuance, but the documents do not cover identical reviews. In particular, the Housing Certificate of Compliance route does not include zoning review. Read the certificate and its stated conditions carefully, and ask the City which separate approvals still apply to the address.
Prepare for the route the City identifies
The City’s steps include documenting the construction or conversion date, reviewing the current Program Rules and checklist, and meeting with staff to discuss the path. The building-permit route calls for detailed plans and an inspection against approved plans. The Housing Certificate route requires City inspection and correction of recorded Housing Code or fire and life-safety violations. The City also requires licensed professionals to provide specified condition certifications for electrical, mechanical, plumbing, and structural matters under that path.
Fees can include the program application, permit or corrective-work review, reinspection, or address assignment, depending on the unit and path. Check the City’s current fee table and forms before applying; the posted amounts and program administration can change.
Confirm what the issued certificate covers
After approval, match the certificate to the property address, unit, route, inspection, approved work, and conditions. The certificate does not establish facts about a different property or another California city’s program. Later unpermitted work or future violations can affect the result, especially under the Housing Certificate path. For a broader document comparison, see which certificate or record proves completion and legal status.
Start with Berkeley’s current Amnesty Program page and confirm the route and property-specific requirements with program staff. The program page is guidance about a local process, not a determination that a particular dwelling is safe, occupiable, or eligible.