Starting next year, you may be able to legally build two detached ADUs in your backyard.
California AB 956 was signed by the Governor on September 29, 2026 (Chapter 791, Statutes of 2026) and takes effect January 1, 2027. Here's what changed, what to watch out for, and what it means for buyers, owners, and sellers. (As of October 2026.)
What does AB 956 change?
From one to two
Under existing state law (Gov. Code §66323), on a lot with an existing or proposed single-family home, cities must approve one new detached ADU through ministerial review, with side and rear setbacks of no more than 4 feet.
AB 956 changes that number from one to two.
"Ministerial" means that if the project meets objective legal standards, the city should approve it without a discretionary hearing process.
Broader HOA protections
State law already prohibits HOA CC&Rs from effectively prohibiting or unreasonably restricting ADUs. AB 956 extends that protection from lots "zoned for" single-family homes to lots "zoned to allow" single-family homes (Civil Code §714.3 and §4751).
How it passed
According to legislative records, the Senate passed it 27–6 on August 25, 2026, the Assembly concurred in the Senate amendments 60–2 on August 27, and the Governor signed it on September 29.
Don't call a contractor yet: three caveats
- A JADU isn't guaranteed on top: If two detached ADUs are built under the new provision, the city isn't required to also ministerially approve a JADU (Junior ADU).
- Size and height limits still apply: Local governments can still set conditions on detached ADUs. Under current law, these state-protected detached ADUs are generally limited to 800 square feet of living area, and height limits apply.
- Every lot is different: Fire hazard zones (such as Very High Fire Hazard Severity Zones), utilities, topography, and hillside rules all affect what's actually feasible. In LA's hillside areas especially, check these first.
Also remember: the law doesn't take effect until January 1, 2027. Applications submitted before then are governed by the rules in place at the time and current LADBS and LA City Planning practice.
What it means for buyers, owners, and sellers
Buyers
When you look at homes with large yards, ask two more questions:
- Is the lot's size and shape enough for two units?
- Do any existing ADUs have valid permits?
Owners
As a hypothetical example, if one ADU rents for $2,500 a month, two would bring in two rents. But construction costs, financing, property tax reassessment, insurance, and management all need to be worked out. Neither rents nor appreciation are guaranteed. They depend on the actual market and your situation.
Sellers
If your home has a big backyard, you can describe its ADU potential more specifically in your marketing. Just use accurate language, such as "may be eligible to apply under current law," not "guaranteed buildable."
My reminder
This law requires cities to approve qualifying projects ministerially, but it doesn't mean every lot can actually accommodate two ADUs. Every property is different. Consult an architect, city planning staff, and tax and financial professionals first.
Wondering whether your lot could fit two?
If you own a single-family home in Los Angeles or Southern California, or you're looking at homes with large yards, reach out. I can help you look at the basic conditions first, then coordinate with an architect and other professionals for a closer evaluation.
Sources
- Bill Text – AB-956 (California Legislative Information)
- Bill Status – AB-956
- Bill History – AB-956
- CalMatters Digital Democracy: AB 956
- Governor Newsom: September 29, 2026 housing bill signing release
- California Gov. Code §66323
- LA City Planning ZA Memo No. 143 (ADU)
Wynn Hung | CA DRE #02249826 | eXp Realty
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