San José’s AB 2533 FAQ describes a local route for qualifying unpermitted accessory dwelling units (ADUs) and junior ADUs (JADUs) built or converted before January 1, 2020. The applicant must provide factual evidence of the date, and the City decides whether it is sufficient. The date threshold does not by itself establish eligibility or approval.

Gather records that can support the construction date

The City’s FAQ gives examples that may help establish the date, including assessor and agency records, escrow or transfer disclosures, dated photographs or historical aerial images, insurance and rental records, construction invoices, stamped design documents and manufacturer date stamps on building materials or equipment. These are examples for City review, not automatic proof. If the City cannot establish the qualifying date, the FAQ says the unit must use the current-code permit route as a new ADU or JADU.

The FAQ also lists exclusions, including post-cutoff construction, encroachment onto a neighboring property and certain non-residential, easement, greenbelt or non-buildable site conditions. It says a qualifying unit cannot be denied solely because of certain local ADU standards such as setbacks or lot-size limits. Other eligibility conditions and health-and-safety review still apply; Public Works or Fire review may also be required for some site conditions.

Expect inspection and possible exposure of finished work

San José may require concealed work to be opened and part of the foundation exposed so the inspector can verify construction and safety. Standard permit, plan-check and inspection fees may apply, although the FAQ says the work-without-permit fee is not charged through this program. Current fees and utility requirements should be confirmed with the City and utility providers.

The City’s AB 2533 FAQ provides the program’s detailed questions and answers. If that FAQ link does not open, start at the City’s AB 2533 ADU and JADU Legalization Program page or contact the City for current application requirements. For a specific unit, confirm accepted date evidence, applicable exclusions, required permits, inspection findings and final approval directly with San José.