AB 1033 ADU Condo Conversion in California: Selling Your ADU Separately (2026)

By Vision ADU Team Published May 18, 2026 Updated October 11, 2026 7 min read Permits & Laws
Home/ Blog/ AB 1033 ADU Condo Conversion in California: Selling Your ADU Separately (2026)

What AB 1033 actually does

AB 1033 (effective January 2024) lets California cities opt in to a process where homeowners can separately sell their ADU as a condominium. The single-family lot is converted into a small condo regime — main house is one condo, ADU is another.

Why it matters

Before AB 1033, an ADU could only be rented — never sold. Now in opt-in cities, an ADU built for a property-specific written estimate can potentially be sold for $400k–$600k, unlocking real wealth for homeowners.

Which California cities have adopted AB 1033 (as of August 2026)

Ten jurisdictions have enacted AB 1033 ordinances as of mid-2026:

| City / Jurisdiction | Ordinance | Effective |

|---|---|---|

| San Jose | Ord. 31095 | Jul 2024 |

| Santa Cruz | Ord. 2024-18 | Oct 2024 |

| West Hollywood | Ord. 25-04 | Feb 2025 |

| Oakland | Ord. 13856 C.M.S. | Jul 2025 |

| San Diego (City) | Ord. O-21989 | Jul/Aug 2025 |

| San Francisco | File 241069 | Jul 2025 (ADUs permitted after May 1 2025) |

| Santa Monica | Ord. 2786 CCS | Oct 2025 |

| Berkeley | Ord. 7,999-N.S. | Jan 2026 |

| Sebastopol | Ord. 1162 | Jan 2026 |

| San Diego County (unincorporated) | Ord. 10986 | Mar 2026 |

City of Los Angeles: Council adopted a motion on September 10, 2025 (CF 25-0753, "Missing Middle LA") directing staff to draft an AB 1033 ordinance. As of August 2026, no ordinance has been enacted — LA residents cannot yet sell an ADU separately under AB 1033.

Other areas: Most Orange County cities, Inland Empire cities, and other jurisdictions have not yet adopted AB 1033 ordinances.

The first arms-length AB 1033 sale closed in early July 2026 in San Jose ($530k, 749 sq ft) — a milestone for the program statewide.

Always confirm current adoption status with your city before planning a condo conversion.

How the conversion works

  1. Build (or own) a permitted ADU
  2. Confirm your city has opted in to AB 1033
  3. Hire a surveyor to define condo boundaries
  4. File a Tentative Tract Map and Final Map
  5. Record CC&Rs governing shared utilities, driveway, and maintenance
  6. Issue separate APNs for main home and ADU
  7. List the ADU for sale

Total conversion cost: a property-specific written estimate. Total timeline after the ADU exists: 6–12 months.

Is condo conversion right for you?

Make sense if: you live in an opt-in city, you do not need the ADU rental income, and you want to free up equity.

Skip if: your city has not opted in, or you plan to keep the ADU long-term for family use.

Frequently Asked Questions

Can I sell my ADU separately under AB 1033?

Only in cities that have opted in. Always verify with current city ordinance.

How much does AB 1033 conversion cost?

$25k–$60k for surveys, mapping, legal, and recording.

Do I need HOA approval?

HOA cannot block AB 1033 itself, but existing CC&Rs may complicate conversion in older communities.

Can I convert a JADU under AB 1033?

No. JADUs are part of the main home and cannot be separated.

What about utilities?

Shared utilities (water, sewer) usually remain shared via CC&Rs. Electric typically separated with new meter.

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