Do I have to live on the property if I add a JADU?

Only if the JADU shares a bathroom with the main house. Since January 1, 2026, AB 1154 requires owner occupancy for a JADU only when it shares sanitation facilities with the home, so a JADU with its own bathroom has no owner-occupancy requirement. Regular ADUs have no owner-occupancy requirement at all.

The current rule for JADUs

Government Code section 66333(b), as amended by AB 1154 (2025), says that if a JADU has shared sanitation facilities with the existing structure, the owner must live in the single-family residence where the JADU is located. You can live either in the remaining part of the house or in the JADU itself. Owner occupancy is not required if:

• the JADU has separate sanitation facilities; or
• the owner is another governmental agency, a land trust or a housing organization.

Before AB 1154, the statute required owner occupancy for JADUs regardless of the bathroom arrangement, apart from that agency, land trust and housing organization exception.

Rules that did not go away

• Deed restriction. A JADU still requires a recorded deed restriction that runs with the land, prohibits selling the JADU separately from the house, and limits its size and attributes to what state law allows.
• No short-term rentals. AB 1154 also requires any JADU rental to be for a term longer than 30 days.
• Interior entry. A JADU without its own bathroom must have an interior entry to the main living area, in addition to its separate entrance.

How this compares with ADUs

For ADUs, Government Code section 66315 bars cities and counties from imposing an owner-occupancy requirement, and AB 976 made that prohibition permanent starting in 2024. The narrow exception involves ADUs sold separately to qualified buyers through the nonprofit program in section 66341.

If you recorded a JADU deed restriction or owner-occupancy covenant before 2026, ask your city how it handles restrictions recorded under the old rules.

What this means for your MEP plans and permit set

The bathroom decision is now both a plumbing decision and an occupancy decision. Adding a separate bathroom to a JADU means new fixtures, drain, waste and vent piping, an exhaust fan, and a check that the water heater and water supply can handle the added demand. Inside an existing house or attached garage, that can mean cutting the slab or finding a path for drains and vents. Decide early, because it changes your plumbing plans and possibly your electrical load. See minimum plumbing for a legal unit, the DWV system, and California ADU requirements. Confirm how your city applies the new rule with your planning department.

Sources: leginfo.legislature.ca.gov, leginfo.legislature.ca.gov, leginfo.legislature.ca.gov, hcd.ca.gov.