Dwelling Unit Legalization Program FAQ

In 2014, the Planning Code was changed to allow for the addition of a single dwelling unit per property lot in areas zoned as residential. However, turning that dwelling unit into a rental unit was not allowed under the Code change, and considered an illegal use. The Dwelling Unit Legalization Program was created for property owners who converted unused space into a rentable, unauthorized dwelling unit (UDU) to legalize the unit. 

This is a voluntary program for property owners to formally register and rent their UDU, assuming all life safety conditions are met. While this program offers waivers from several areas of the Planning Code in order to legalize the UDU, the Department of Building Inspection (DBI) determines eligibility for enrollment in the legalization program.

Note: there may be other options available to legalize the UDU, such as the State or Local Accessory Dwelling Unit (ADU) Program or through the Zoning District, if there is allowable density. The information provided here is for reference only – to ensure you meet all requirements of the program, please consult the Planning Code, speak to a planner at the SF Permit Center, or send an email to CPC.ADU@sfgov.org

What You Need to Know

Number of Unwarranted Units Allowed to be Legalized

One unwarranted dwelling unit will be permitted to be legalized on each lot under the program, pursuant to Planning Code Section 207.3.

Converting / Removing Dwelling Unit Space

Within the existing built envelope, the unwarranted unit is permitted to expand – however, the Planning Code limits the amount of floor area an existing dwelling can be reduced and be added to another dwelling unit. Generally, the floor area of an existing dwelling unit cannot be reduced by more than 25%.

Please review more details in Section 317 of the Planning Code under ‘Residential Merger.’

Subdivisions / Evictions

Legalized units are ineligible for subdivision, which means they cannot be sold individually.

The legalization program cannot be used to legalize dwelling units:

• that have had owner move-in evictions filed after March 13, 2014, if the notice was served within five years prior to the permit application being filed for legalization;
• other no-fault evictions filed after March 13, 2014, if the notice was served within ten years prior to the permit application being filed for legalization.

Rent Control

A dwelling unit that was subject to the Residential Rent Stabilization and Arbitration Ordinance prior to legalization shall remain subject to said Ordinance after legalization. Please review Chapter 37 of the Administrative Code for more details.

Merging the Legalized Unit with Another Existing Unit

You may request to merge the legalized unit with an original unit through the Conditional Use Authorization process, which requires action by the Planning Commission at a public hearing. Please review Section 317 of the Planning Code, specifically the topic “Merger” for the findings that will need to be made for merger of residential units, and also see also "Converting / Removing Dwelling Unit Space," above.

Code Requirements

Planning Code

The UDU must satisfy all applicable requirements of the Planning Code except for density, rear yard, open space, the light and air requirements for exposure, and parking in order for the UDU to be legalized.

Please note that legalizing the UDU cannot create or intensify non-conformity for the existing, legal dwelling unit(s) on the property. For example, although the specific square footage for the open space is waived under this program, the addition of a dwelling unit should not remove any existing unit(s) access to shared open space, such as a rear yard. In this scenario, ensure that your plans retain access to the shared rear yard, such as through a common corridor or rear stairs.

Building Code

All Building Code requirements must be met, including ceiling height, proper ventilation, light, fire safety, and egress.

A pre-application meeting with the Department of Building Inspection and the San Francisco Fire Department (for three or more dwelling units) can determine if there are applicable equivalencies for meeting the Building Code. Please also see SFFD Administrative Bulletin FS-05 for information on sprinkler requirements on the ground floor.

Process

Department of Building Inspection (DBI)

Property owners must start the legalization process with the Department of Building Inspection. DBI confirms eligibility for enrollment in the legalization program (DBI Information Sheet G-17 provides details on the Unit Legalization program.

Screening Form

Owners may receive an estimation of the costs to legalize their units by undergoing an initial screening process (refer to Step 2). This screening is an informal consultation with DBI staff, non-binding and there is no DBI fee to file.

Planning Department

Before submitting a Building Permit Application to DBI, property owners must first submit a Project Application (PRJ) to the Planning Department and receive Planning Approval Letter (PAL). More details are availale on the Planning Approval webpage. 

Inquiries can be made to the Planning Information Center about meeting requirements under the Planning Code and applicable waivers under this program (which are outlined in Section 207.3 of the Planning Code). Note: two sets of plans are required to apply. Planning’s ADU Checlists provides an overview of what is expected on plan sets.

Additional Resources

Zoning: find your zoning using the Property Information Map.

Rent Control: find out if your building or unit is under rent control by contacting at the San Francisco Tenants Union or learn more about Rent Control from the San Francisco Rent Board.

Building Code Requirements: all life safety requirements under the San Francisco Building Code must be met during legalization of an unwarranted dwelling unit.

For questions, you can call the Planning counter at 628.652.7300 or email pic@sfgov.org where planners are able to assist you.