Government Code section 66328

(a)

A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.

(b)

Notwithstanding subdivision (a), a local agency shall issue a certificate of occupancy for an accessory dwelling unit constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, if both of the following requirements are met, even if the primary dwelling has not yet been issued a certificate of occupancy:

(1)

The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation issued by the Governor.

(2)

The accessory dwelling unit has been issued construction permits and has passed all required inspections.

(c)

Subdivision (b) does not apply to an accessory dwelling unit attached to the primary dwelling.

Source: Section 66328, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=GOV§ionNum=66328.­ (updated Oct. 10, 2025; accessed Jun. 18, 2026).

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Verified:
Jun. 18, 2026

§ 66328's source at ca​.gov