Planning to Build an ADU in San Francisco? Good News – SF’s Notorious 311 Law Has Changed

If you’re a homeowner in San Francisco, you’ve probably faced frustration at some point when making improvements to your home – particularly if you’ve ever dreamed of building an ADU (accessory dwelling unit) in San Francisco.

The source of this frustration is San Francisco’s notorious Planning Code Section 311. This specific local code places significant restrictions on a property owner’s ability to remodel or make changes to their own property, requiring neighborhood notice and discretionary review, giving your neighbors the power to delay or cancel projects entirely – a major roadblock for prospective accessory dwelling units in San Francisco..

But new California ADU laws for 2025 have suddenly turned things around, marking a huge shift in policy and making ADU construction easier than ever.

At Edrington and Associates, the Bay Area’s ADU leaders, we’re here to walk you through everything you need to know about these changes, and what it means for those looking to build an ADU in San Francisco on their property.

What is Planning Code Section 311?

The Planning Department of San Francisco has long utilized Planning Code Section 311 to regulate changes to residential properties within the city.

According to Planning Code Section 311, a policy of public notice, known as Neighborhood Notification, is required for certain types of development projects, such as significant remodels and building expansions, as well as building an ADU in San Francisco.

As part of the SF ADU permit process, San Francisco‘s 311 law requires the Planning Department to mail Neighborhood Notifications to residents and property owners within a specific radius of the proposed changes, as well as relevant registered neighborhood groups.

This opens a 30-day period of public review, during which neighbors can file a discretionary review request.

If filed, the discretionary review requires a public hearing that could potentially lead to considerable alteration, and even denial of permits for the project, if neighbors raise significant opposition.

Even if the planned construction met all code requirements, neighbors could still potentially derail a project.

This effectively gave neighbors power to quash development on private property that they deemed “undesirable”.

This law has proven especially challenging for property owners who seek to build ADU in San Francisco and expand the livable space on their property, creating uncertainty and delays, if not outright denying their projects.

What Has Changed with Planning Code 311 in Regards to Accessory Dwelling Units in San Francisco?

While San Francisco’s 311 law still remains in effect, a number of recent changes to California ADU laws in 2025 have effectively exempted compliant ADUs from Planning Code Section 311’s most restrictive impacts.

These state-mandated changes were made with the focus of spurring development of ADUs as a means of easing the ongoing California housing crisis. Effectively, they streamline the ADU approval process and override the neighborhood notification and discretionary review requirements posed by 311 for ADU projects.

Here are the key law changes affecting construction of ADUs:

Ministerial Approval for SF ADUs

The biggest change for prospective ADU builders in San Francisco is that approval is now ministerial, eliminating the neighborhood notification requirement. Because the approval process for an ADU is now ministerial, the permitting process for ADUs will now be handled administratively. That means that so long as the proposed ADU meets state and local requirements, no public hearings or neighborhood notifications will be required to build an ADU in San Francisco on your own property, removing the biggest roadblock for construction. This is a huge change, speeding up the process and allowing homeowners more certainty in their planning.

Height Restrictions Eased

Effective January 1, 2023, ADU height limits have been increased as part of SF ADU zoning changes. ADUs can now generally be built with a height of up to 25 feet, or the height of the primary dwelling, whichever is lower. Specifically, detached ADUs can be built up to a height of 16 feet (18 feet if the ADU is within half a mile of public transit or on a lot with a two-story multi-family dwelling). For attached ADUs, the height limit is extended to 25 feet for more flexibility for larger units.

Setbacks Rules Redefined

Effective January 1, 2023, setback rules for ADUs in California have been eased. Previously, an ADU could be denied approval if its construction encroached on the front setback. Under the new ADU rules, this is no longer a basis for denying an ADU permit application.

Elimination of Owner Occupancy Requirement

With the passage of AB 976, effective January 1, 2024, cities and counties are no longer allowed to require that a homeowner live on-site in order to rent or build an ADU in San Francisco. This addresses the former owner occupancy requirement for ADUs in California, a common requirement of Homeowner Associations (HOAs) and neighborhoods that tried to curtail development of ADUs. With this restriction dropped state-wide, ADUs offer a more attractive investment and rental opportunity..

Streamlined Review Timelines

Approval for ADU development was notoriously long, with it not unusual for the SF ADU permit process to drag on for months. Effective January 1, 2023, permitting agencies are now required to review and provide comments on an ADU permit application within 60 days of submission. This will significantly speed up the permitting process for builders.

Mandatory Pre-Approved ADU Plans

Beginning January 1, 2025, the State of California has now required cities with populations over 200,000, which includes San Francisco and many Bay Area cities, to establish a program for pre-approved ADU plans in California. If they choose, homeowners in these population centers can select from a set of pre-approved ADU plans, further expediting the design and approval process.

Expanded Potential for Multi-family ADUs in San Francisco

New in 2025, state legislation has changed to allow development of multi-family ADUs in San Francisco and California, with potential for up to eight detached ADUs to be built on an existing multi-family property. The number of detached ADUs cannot exceed the existing number of units on the property, and also removes the requirement for replacement parking for these units.

Easier Legalization of Unpermitted ADUs

Lastly, AB 2533 that took effect on January 1, 2025 has simplified the process for legalizing unpermitted ADUs in San Francisco and throughout California. Permits can no longer be denied for non-safety related violations for ADUs built before January 1, 2020. Buildings must still meet health and safety codes, but this removes any obstructions beyond that to legalize these units.

What Does This Mean for Prospective ADU Builders?

If you are someone who has been considering building an ADU in San Francisco, these new changes are a game changer. They mark a significant shift in California’s ADU laws, and a big win for the rights of property owners. No longer can neighbors prevent a homeowner from building a compliant ADU on their own property.

Some of the benefits of these changes include:

• Streamlined Approval of ADU Permits – Eliminating neighborhood notification and discretionary review, along with the 60-day approval window, make getting permits much faster and easier, allowing construction to begin much sooner.
• Reduced Risk of Opposition – ADU builders no longer have to face objections from neighbors who could previously derail an ADU project.
• More Flexibility – By relaxing the height and setback rules for ADUs in California, ADU builders have much more flexibility in where and what type of ADU they can build.
• Greater Investment Potential – Removing the owner-occupancy requirements for ADus in California makes it much more feasible for those with significant property holdings to build ADUs as sources of rental income.
• Easier Legalization – There is now a much easier path towards legalizing unpermitted ADUs in San Francisco, allowing property owners to focus on bringing the unit up to safety and health codes.

By making these changes, California has effectively eliminated the bureaucratic maze of red tape that laws like Planning Code Section 311 have created, making now the perfect time to invest in an ADU.

How Edrington and Associates Can Help You Through the ADU Process

While these changes to California ADU laws make it easier than ever to build an ADU in San Francisco, there are still many specifics to navigate. Partnering with an experienced ADU specialist who knows the San Francisco ADU laws and SF ADU permit process inside and out, along with a track record of successful projects under their belt, makes a huge difference.

With Edrington and Associates, we offer our clients distinct advantages such as:

• Custom Feasibility Studies – We start each project with a thorough feasibility study that is designed to unlock your property’s full potential. We’ll help you identify the best ADU type for your property to maximize your investment, and outline any potential challenges or opportunities.
• Expert Design – Our state-licensed architects can craft a custom ADU design that seamlessly integrates with your existing structures, and meets local and state standards.
• Help with City Approval – Once you’ve approved your concept design, we manage the permit application process, completing the required paperwork and submitting your application to the local jurisdiction.
• Guidance Through the Building Process – Once you’ve selected contractors for the build, our team remains involved throughout the construction process ensuring adherence to plans and assisting with the city or county inspection process to keep things running smoothly.
• Multi-family San Francisco ADU Experience – We specialize in helping build multi-family ADUs in San Francisco, giving you the specialized knowledge to take advantage of the new rules to maximize your investment.

At Edrington and Associates, ADUs are our business. We help you navigate the entire ADU process, so you can capitalize on these new changes to build an ADU that meets your needs, enhances your property value, all without the headaches of the past.

Ready to Adapt? Contact Edrington and Associates to Get Started

The new changes to California ADU laws have put an end to the bureaucratic overreach of laws like San Francisco’s 311 law, making it easier than ever to build an ADU in San Francisco.

Edrington and Associates is here to make the process even easier, with comprehensive guidance and planning designed to unlock the full potential of your property.

If you’ve been waiting for the right opportunity to build a comfortable living space for your family, generate rental income, or simply increase the value of your property, the time is NOW to make the first move.

Contact Edrington and Associates, the Bay Area’s leading ADU specialists, for a complimentary