SB 9 and Tenant-Occupied Property: Check the History
Assess SB 9 on tenant-occupied property: check three-year rental history, protected-housing restrictions and the lot-split residence commitment.
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California ADU utility connection fees depend on project type. Compare conversions, new construction, capacity charges and the separate impact-fee rules.
California ADU utility connection fees depend on the unit’s statutory category, not just its size. A qualifying conversion on a single-family lot generally cannot be required to have a new or separate direct utility connection or pay the related connection or capacity charge. Other ADUs can face those requirements, even below 750 square feet. Construction with a new single-family dwelling and certain separate sales can change the treatment. Government Code §66311.5, enacted by SB 543
This comparison addresses water and sewer budgeting under the law in force on September 12, 2026. The governing fee section is 66311.5, formerly 66324; the renumbering took effect January 1, 2026. HCD confirmed that change in its December 2025 ordinance-review letter. Its March 2026 handbook incorporates the law effective that January.
The protection in section 66311.5(d) applies to ADUs and junior accessory dwelling units (JADUs) described in section 66323(a)(1). It binds local agencies, special districts and water corporations. Qualifying under another paragraph of section 66323 does not carry the same utility protection. SB 543, sections 6–7
For conversions, paragraph (a)(1) covers existing space within a single-family dwelling or an accessory structure on a lot with a proposed or existing single-family dwelling. Requirements include exterior access and side and rear setbacks sufficient for fire and safety. An accessory-structure expansion is limited to 150 square feet to accommodate entry and exit; it is not a general allowance for extra living space. JADUs must also meet their separate statutory requirements. Section 66323(a)(1)
The comparison below assumes an existing primary dwelling and no separate conveyance.
| Project | Statutory classification | Separate direct connection and related charges |
|---|---|---|
| Qualifying conversion inside a single-family home or existing accessory structure, including a detached garage | §66323(a)(1) | Cannot be required or imposed under §66311.5(d) |
| Qualifying JADU within the single-family residence | §66323(a)(1), plus JADU requirements | Same protection |
| New detached ADU on a single-family lot | §66323(a)(2), if its conditions are met | May be required, subject to §66311.5(e) limits |
| Conversion of nonlivable space within an existing multifamily building | §66323(a)(3) | May be required, subject to those limits |
| Detached ADUs on a multifamily lot | §66323(a)(4), if its conditions are met | May be required, subject to those limits |
| An attached addition that does not qualify under §66323(a)(1) | Applicable ADU approval pathway outside that paragraph | May be required, subject to those limits |
These distinctions follow the statutory categories and utility provisions. “Detached” alone does not settle the issue: a converted detached garage can qualify under paragraph (a)(1), while a new detached cottage falls elsewhere. Likewise, “conversion” does not automatically protect a multifamily project. Have the utility classification documented alongside the project’s zoning and land-use review.
For ADUs outside paragraph (a)(1), section 66311.5(e) permits a provider to require a new or separate direct connection. Any associated connection fee or capacity charge must be proportional to the ADU’s burden on the water or sewer system, using either square footage or drainage fixture unit values—the plumbing-code measure assigned to fixtures. The charge cannot exceed the reasonable cost of providing the service. Section 66311.5(e)
Ask for the provider’s calculation, including the area or fixture values used. Authority to require a connection does not establish that every quoted amount is valid.
Section 66311.5(b) also generally prevents treating an ADU as a new residential use when calculating these charges, unless it was constructed with a new single-family dwelling. Read that provision together with subsection (e), which expressly permits proportional charges for the projects it covers. Section 66311.5(b)–(e)
Even a paragraph (a)(1) unit loses subsection (d)’s protection when constructed with a new single-family dwelling. Paragraph (a)(1) itself includes space within a proposed single-family home, so the approval category alone cannot resolve the utility question. Obtain a specific utility determination for the combined project. Sections 66323(a)(1) and 66311.5(d)
Subsection (d) also makes an exception upon separate conveyance under section 66342. Section 66311.5(d) That condominium-sale pathway requires an enabling local ordinance and other conditions, including lienholder consent before recording the subdivision map or condominium plan. The homeowner must notify utility providers of the condominium creation and separate conveyance. A conversion budget prepared for continued common ownership therefore needs another review before a separate sale. Section 66342, enacted by SB 477
A narrower conveyance route involving qualified nonprofit development and qualified buyers has its own rule: section 66341(e) requires a separate water, sewer or electrical connection if the utility serving the primary residence requests one. Section 66341
As of September 12, 2026, section 66311.5(c) exempts an ADU with 750 square feet or less of interior livable space from the impact fees covered by that provision. Above 750 square feet, applicable impact fees must be scaled to the ADU’s square footage relative to the primary dwelling. The statute expressly excludes connection fees and capacity charges from this impact-fee definition. School fees follow separate rules. SB 543, section 7
Keep these costs separate in your construction cost plan:
The first two definitions come from Government Code §66013, as amended by SB 1371. Because a connection fee can include physical installation, a provider’s “installation” label does not by itself establish that the charge falls outside an exemption. Protection from a required separate direct connection also does not eliminate private plumbing costs.
Obtain gas and electrical requirements separately. HCD’s handbook states that the department lacks authority over gas and electrical service issues; a water or sewer determination should not be treated as an electrical-service approval. HCD handbook, Utilities
Consider two hypothetical California housing projects, each adding an ADU with 700 square feet of interior livable space to a property with an existing single-family home. One converts a qualifying detached garage; the other builds a new detached cottage. Assume neither ADU will be separately conveyed.
Both receive the applicable impact-fee exemption. The garage conversion also receives the paragraph (a)(1) connection protection. The new cottage can face a separate connection and proportional charges. These are applications of the statutory rules, not local price estimates.
The conversion’s advantage in that fee category does not establish which project costs less overall. Compare the contractor’s scope and the provider’s scope together. A design that saves a capacity charge may still require substantial building or plumbing work.
As part of your homeownership project planning, send each provider the same project description and request a written response covering:
Record unanswered items as unresolved allowances rather than zero-cost entries. For a disputed classification or a separate-sale plan, have a California land-use attorney review the documents before committing to the budget.
No. The impact-fee exemption covers ADUs with 750 square feet or less of interior livable space, but expressly excludes connection fees and capacity charges. Utility treatment depends on the statutory category and applicable exceptions. Section 66311.5
A qualifying conversion under section 66323(a)(1) generally cannot be required to install a new or separate direct connection or pay the related connection or capacity charge. Exceptions include construction with a new single-family dwelling and separate conveyance under section 66342. Being a garage conversion alone does not establish eligibility. Sections 66323 and 66311.5
Yes. For an ADU outside section 66323(a)(1), the provider may require a new or separate connection and assess charges proportional to the unit’s system burden using square footage or drainage fixture unit values. The charge cannot exceed the reasonable cost of providing the service. Section 66311.5(e)
No. Protection from a required separate direct utility connection does not eliminate private construction costs. Ask which physical work is included in the provider’s connection fee and which is separately priced by the contractor; section 66013 allows connection fees themselves to include installation labor and materials. Section 66013
Written by
The Housing Current Editorial Team
Editorial Team
Reporting, analysis, and practical explainers across housing markets, mortgage finance, real estate business, investing, policy, and homebuilding.
Assess SB 9 on tenant-occupied property: check three-year rental history, protected-housing restrictions and the lot-split residence commitment.
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