LOTCHECK

Alameda County, California

Berkeley — Development Guide

What can you build in Berkeley? ADU eligibility, SB 9 lot splits, setback requirements, and development potential for every residential property.

Berkeley at a Glance

124.3K

Population

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Parcels

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Median Lot

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Median Assessed

What You Can Build in Berkeley

California state law overrides many local zoning restrictions for housing development. Here's what's available to property owners in Berkeley, regardless of what local ordinances say.

Accessory Dwelling Unit (ADU)

State Law

Build a second home on your lot — detached, attached, or converted from a garage. California law (AB 68 / AB 881) guarantees ADU rights for all residential properties. No minimum lot size. Cities must approve ministerially within 60 days.

Max 1,200 sf16 ft height4 ft rear/side setbackNo parking (½ mi from transit)

Junior ADU (JADU)

State Law

Convert space within your existing home into a separate rental unit — up to 500 sf. Can be built in addition to an ADU, giving you two income-producing units on one lot. Owner occupancy required for either the JADU or primary home.

Max 500 sfWithin existing structureOwner-occupiedNo additional parking

SB 9 — Duplex + Lot Split

State Law

Split your lot in two and build a duplex on each half — up to four units total on what was a single-family lot. No public hearing, no discretionary review, no environmental review (CEQA exempt). Ministerial approval required.

Up to 4 units totalMinisterial approvalNo CEQAMin 1,200 sf lots

SB 1211 — Streamlined ADU

State Law

Effective January 2025: two-story ADUs up to 1,000 sf are pre-approved statewide. No local design review, no discretionary process. Cities must approve compliant plans within 30 days.

Up to 1,000 sfTwo stories allowed30-day approvalNo design review

AB 1033 — ADU Condo Conversion

Opt-In

If your city has adopted a local ordinance, ADUs can be sold as separate condominiums — independent from the primary home. This unlocks a new path to homeownership and lets ADU builders recoup their investment through sale rather than rental income only.

City must opt inADU sold separatelyCondo map requiredNew ownership path

Housing News in Berkeley

Would you buy a backyard cottage? Berkeley legalizes sales of ADUs - Berkeleyside

Jan 21 · berkeleyside.org

Sebastopol City Council approves ADU condo conversions, but that's just the beginning - sebastopoltimes.com

Jan 09 · sebastopoltimes.com

This backyard ADU from Type Five is pre-approved by the city - Berkeleyside

Dec 09 · berkeleyside.org

This California city is letting owners sell ADUs as starter homes. Will it be a housing revolution?

Jun 14 · latimes.com

How San Diego Kicked Off an Affordable ADU Building Boom - California YIMBY

Mar 30 · cayimby.org
More Housing News →

Frequently Asked Questions

Can I build an ADU in Berkeley? +

Yes. California state law (AB 68/AB 881) allows at least one ADU on any residential lot in Berkeley. ADUs up to 800 sf are approved ministerially within 60 days, regardless of local zoning.

What is SB 9 and does it apply in Berkeley? +

SB 9 (California Housing Opportunity and More Efficiency Act) allows duplexes and lot splits on single-family lots statewide. In Berkeley, this means you can potentially build up to 4 units on what was a single-family lot — no public hearing required.

What are the setback requirements in Berkeley? +

Setback requirements in Berkeley vary by zone. Use LotCheck to check your specific property's setback requirements against Alameda County's zoning code. For ADUs, California state law allows reduced setbacks of 4 feet for rear and side yards.

How much does an ADU cost to build in Alameda County? +

ADU construction in Alameda County typically ranges from $150,000 to $400,000 depending on size, finishes, and whether it's a conversion or new construction. Garage conversions tend to be the most affordable option.