Legalizing a garage someone converted without a permit
Legalize a garage someone converted without a permit in Simi Valley. How AB 2533 protects pre-2020 units and what a confidential contractor inspection covers.
Plenty of Simi Valley homes were bought with the garage already turned into a bedroom or a rental and no permit behind it. That room becomes a problem at sale, at refinance and after any complaint. California changed the rules in 2024 to make legalizing it realistic, as long as the unit was built before January 1, 2020 and it is a complete unit.
This page explains AB 2533, the confidential inspection a licensed contractor can do before the City ever hears about the unit, and what to do when the conversion is a plain room rather than a full unit.
What AB 2533 changed
AB 2533 (Chapter 834, Statutes of 2024, chaptered September 28, 2024) moved the cutoff for unpermitted ADUs from January 1, 2018 to January 1, 2020. For a unit built before that date, the City cannot deny a permit only because the unit violates building standards or does not meet state or local ADU rules. The rule now sits in Government Code section 66311.7.
There are two exceptions. The City can deny the permit when correcting a violation is necessary to protect the health and safety of the public or the occupants, or when the building is substandard under Health and Safety Code section 17920.3. Applicants are also spared impact fees and connection charges unless utility infrastructure has to be upgraded to fix a substandard condition.
The confidential third-party code inspection
The law requires the City to tell homeowners that before applying, they may obtain a confidential third-party code inspection from a licensed contractor to learn the unit's existing condition or the likely scope of improvements (Gov. Code 66311.7(d), summarized in the HCD ADU Handbook, March 2026). Most owners do not know this step exists.
It means you learn what is wrong with the unit before the City does. A licensed contractor walks the conversion against the 17920.3 conditions and current code, then tells you what would need correcting. You decide whether and when to apply with that knowledge in hand. Aguila does these inspections.
| Category | Examples named in the statute |
|---|---|
| Inadequate sanitation | No hot and cold running water, missing toilet, sink, tub or shower, dampness, visible mold |
| Structural hazards | Deteriorated foundation, defective flooring, inadequate wall or roof supports |
| Wiring and plumbing | Electrical or plumbing that is unsafe or was not installed to code |
| Fire and exits | Conditions that cause or spread fire, inadequate exit facilities |
| Improper occupancy | Living use of a building not designed for it |
When the converted garage is a room, not a unit
AB 2533 protects unpermitted ADUs and junior ADUs. A garage turned into a bedroom with no kitchen is not an ADU, so it is legalized through an ordinary as-built permit: drawings of what exists, openings in walls or ceilings where inspectors need to see framing or wiring, and corrections where the work falls short. Raise parking first, because the ADU parking waiver does not cover it.
HCD also told Simi Valley on October 29, 2025 (finding 15) that its ordinance must let unpermitted structures be legally converted into ADUs unless the structure both threatens public health and safety and is affected by the ADU work. Sometimes the cleanest route is to finish the space into a compliant ADU so those protections apply; sometimes it is to restore part of the garage. That choice comes after the inspection, not before.
Questions homeowners ask
Does my unpermitted garage unit qualify under AB 2533?
It has to be an ADU or junior ADU, and it has to have been built before January 1, 2020. Old listing photos, utility or tax records and anything else showing the unit existed can help establish the date. A garage with a bed and no kitchen is not an ADU under the statute.
Does the inspection report go to the City?
The statute calls it a confidential third-party code inspection, done before you apply. It is a report about your property for you, and it exists so you can decide with full information.
Can the City make me tear the unit out?
Under Gov. Code 66311.7 the City cannot deny the permit for a pre-2020 unit just because of code or ADU-rule violations. It can still require corrections, and it can deny when a correction is needed for health and safety or the building is substandard under Health and Safety Code 17920.3.
Do I pay impact fees to legalize a pre-2020 unit?
Not for a qualifying unit, except where utility infrastructure has to be upgraded to fix a substandard condition (AB 2533 bill text). Permit and inspection fees on the City's schedule still apply.
Sources
Facts on this page last verified: .
- AB 2533 (Chapter 834, Statutes of 2024), bill text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2533 (2026-10-05)
- California Government Code section 66311.7: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=66311.7. (2026-10-05)
- California Health and Safety Code section 17920.3: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=17920.3. (2026-10-05)
- California HCD, Accessory Dwelling Unit Handbook, March 2026: https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/adu-handbook-update.pdf (2026-10-05)
- HCD findings on Simi Valley ADU Ordinance No. 1349, letter of October 29, 2025: https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/ordinance-review-letters/simi-valley-adu-findings-102925.pdf (2026-10-05)
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