SERVICE
Check the feasibility of legalizing an illegal unit in your home
Hire a licensed building professional and meet with the Unit Legalization team.
What to know
Cost
You need to hire a licensed building professional to fill out the screening form. Meeting with the Unit Legalization team is free.
Benefits
Using the Unit Legalization program means you can:
- Use permit fee waivers
- Avoid penalties on current code violations on the illegal unit
- List the unit as a short-term rental later
- Potentially add a separate Accessory Dwelling Unit to the property later
What to do
1. Check if the unit is eligible for the Unit Legalization program
You can only legalize one unit per lot (single-family or multi-family) using this program. The unit must have existed before January 1, 2013.
If the unit had no-fault evictions registered with the Rent Board after March 2014, you must wait five or ten years before applying. You can contact the Rent Board for eviction history. SF Planning will confirm the eviction history after you apply for the building permit.
Other considerations
Improvement costs cannot be passed onto tenants.
You cannot subdivide or do a condo conversion on a legalized unit.
If your illegal unit was issued a Notice of Violation, we can suspend the violation for one year while you legalize the unit.
2. Hire a licensed professional to fill out the screening form
An architect, civil or structural engineer, or California-licensed contractor must complete and stamp the form.
They will check if the unit complies with the building code. If the unit has code issues, they will list the estimated cost to fix it.
3. Gather supporting documents about the unit
You must have:
- Floor plans of the entire building
- Site (plot) plans showing property lines and other structures on the site
- Proof that the unit existed before January 1, 2013
Examples of proof that the unit existed before 2013
Proof can include direct documentation. Examples include:
- Lease for the specified unit, signed and dated
- Proof of payment for rent (such as bank deposits)
- Official eviction history
You can also provide multiple pieces of indirect evidence that can be combined to prove someone lived there. Examples include:
- Voter rolls
- Utility bills
- Affidavits or letters from neighbors or prior occupants
- Prior DBI or Planning enforcement cases that referenced the unit
4. Give us the packet
Email the screening form and supporting documents as a PDF attachment. Use “Unit Legalization Screening Submittal” as the subject line.
You can also mail the packet to us:
Suite 500
San Francisco, CA 94103
Supporting information
Special cases
Units not eligible for the Unit Legalization program
Contact SF Planning to explore other legalization options. Email cpc.adu@sfgov.org.
At the screening meeting
We will review the screening form and plans for completeness.
If you are eligible and decide to use the Unit Legalization program, you must apply separately for a building permit.
More information
For detailed information, refer to DBI Information Sheet G-17 and SF Planning’s FAQ.
Related
Get help
49 South Van Ness Avenue
2nd floor, Counters 66 and 67
San Francisco, CA 94103
Unit Legalization Program, for units built before 2013
unitlegalization@sfgov.orgSF Planning, to explore other programs you can use to legalize a unit
cpc.adu@sfgov.orgPartner agencies
What to know
Cost
You need to hire a licensed building professional to fill out the screening form. Meeting with the Unit Legalization team is free.
Benefits
Using the Unit Legalization program means you can:
- Use permit fee waivers
- Avoid penalties on current code violations on the illegal unit
- List the unit as a short-term rental later
- Potentially add a separate Accessory Dwelling Unit to the property later
What to do
1. Check if the unit is eligible for the Unit Legalization program
You can only legalize one unit per lot (single-family or multi-family) using this program. The unit must have existed before January 1, 2013.
If the unit had no-fault evictions registered with the Rent Board after March 2014, you must wait five or ten years before applying. You can contact the Rent Board for eviction history. SF Planning will confirm the eviction history after you apply for the building permit.
Other considerations
Improvement costs cannot be passed onto tenants.
You cannot subdivide or do a condo conversion on a legalized unit.
If your illegal unit was issued a Notice of Violation, we can suspend the violation for one year while you legalize the unit.
2. Hire a licensed professional to fill out the screening form
An architect, civil or structural engineer, or California-licensed contractor must complete and stamp the form.
They will check if the unit complies with the building code. If the unit has code issues, they will list the estimated cost to fix it.
3. Gather supporting documents about the unit
You must have:
- Floor plans of the entire building
- Site (plot) plans showing property lines and other structures on the site
- Proof that the unit existed before January 1, 2013
Examples of proof that the unit existed before 2013
Proof can include direct documentation. Examples include:
- Lease for the specified unit, signed and dated
- Proof of payment for rent (such as bank deposits)
- Official eviction history
You can also provide multiple pieces of indirect evidence that can be combined to prove someone lived there. Examples include:
- Voter rolls
- Utility bills
- Affidavits or letters from neighbors or prior occupants
- Prior DBI or Planning enforcement cases that referenced the unit
4. Give us the packet
Email the screening form and supporting documents as a PDF attachment. Use “Unit Legalization Screening Submittal” as the subject line.
You can also mail the packet to us:
Suite 500
San Francisco, CA 94103
Supporting information
Special cases
Units not eligible for the Unit Legalization program
Contact SF Planning to explore other legalization options. Email cpc.adu@sfgov.org.
At the screening meeting
We will review the screening form and plans for completeness.
If you are eligible and decide to use the Unit Legalization program, you must apply separately for a building permit.
More information
For detailed information, refer to DBI Information Sheet G-17 and SF Planning’s FAQ.
Related
Get help
49 South Van Ness Avenue
2nd floor, Counters 66 and 67
San Francisco, CA 94103
Unit Legalization Program, for units built before 2013
unitlegalization@sfgov.orgSF Planning, to explore other programs you can use to legalize a unit
cpc.adu@sfgov.org