In most of California, an ADU cannot be sold apart from the main home. You own one property with two homes on it. A 2023 law, AB 1033, opened a narrow door: cities may now choose to let owners turn the ADU and the main house into condominiums, which can be sold separately.
LA ADU Guide is an information site. We are not a contractor, architect, lender or law firm. Rules change, so confirm everything with your building department before you spend money. This page is general information, not legal advice.
The default rule
Sales rules sit in Gov. Code sections 66340 to 66342, in an article on ADU sales. ABAG's July 2025 summary gives the baseline:
- ADUs may be sold separately only in specific cases (see below).
- JADUs: "Separate sale not allowed." A deed restriction is required to prohibit separate sale.
What AB 1033 changed
ABAG says AB 1033, effective January 1, 2024, "enabled jurisdictions to allow the separate sale of ADUs as condominiums." The key word is "enabled." The state did not order cities to do it. A city must adopt an ordinance first.
Two paths to a separate sale
| Path | Who can use it | Needs a local ordinance? |
|---|---|---|
| Nonprofit sale | A qualified nonprofit corporation built or developed the home or ADU and sells to a qualified buyer, with additional requirements | No, state law requires it to be allowed |
| Condo conveyance (AB 1033) | Owners in a city that has adopted a condo conveyance ordinance | Yes |
Source: ABAG summary, table 5. ABAG says "Jurisdictions can adopt an ordinance to allow for the separate sale of ADUs from the primary dwelling."
What condo conveyance generally involves
Details vary by city, and we did not verify the text of the law or any Los Angeles ordinance. Typical elements to ask about:
- A condominium plan and map that divide the property into two units.
- Recorded covenants, conditions and restrictions between the two owners, covering shared walls, utilities, driveways, insurance and repairs.
- Lender review. Each unit needs its own mortgage to be financed.
- Property tax effects. A split may trigger reassessment of the new parcel. Ask the LA County Assessor.
- Whether the ADU qualifies. For example, local rules may limit this to certain ADU types or lots.
Los Angeles status
We could not confirm whether the City of Los Angeles or LA County has adopted an AB 1033 ordinance. HCD's November 2024 review of the City's ADU ordinance did not list one among its findings that we could see, but that is not proof either way. Do not assume it is available. Call the planning department and ask: "Has the City adopted a local ordinance under Gov. Code 66341 or 66342 for separate conveyance of ADUs, and what are its requirements?"
Alternatives
- SB 9 lot split. If your lot qualifies, you may divide the land into two parcels and sell one. See SB 9 lot splits in Los Angeles. It is a different process with its own rules.
- Sell the whole property. An ADU adds value to the one parcel without a legal split.
- Co-ownership. Some families hold title together. Talk to an attorney about structures.
Risks to weigh
- Shared maintenance and insurance with a neighbor you did not choose.
- Costs for surveys, condo documents, legal work and city fees. We have no verified cost range, so ask each provider for a written estimate.
- Lenders may treat these small condos differently from houses.
- If your city has no ordinance, a separate sale may not be legal at all.
Checklist
- [ ] Ask your city whether it has an AB 1033 or condo conveyance ordinance.
- [ ] If no, ask whether your lot may qualify for an SB 9 split instead.
- [ ] Get the ordinance text and its eligibility conditions.
- [ ] Talk with a lender about financing a small condo.
- [ ] Ask the LA County Assessor about reassessment.
- [ ] Hire a real estate attorney before you record anything.
Common questions
Is my ADU already a separate parcel? No. An ADU shares the lot with the main home unless the land is formally divided or a condo plan is recorded.
Can I sell a JADU alone? ABAG says "Separate sale not allowed."
Why would a city skip the ordinance? ABAG says the state "enabled" it, not required it. Cities have to choose to adopt it. We did not research why individual cities have or have not.
What should a buyer ask? Whether the ADU was permitted, whether a condo plan is recorded, and how shared costs are split.
Recent changes
AB 1033 took effect January 1, 2024. The ADU law was renumbered into sections 66310 to 66342 on March 25, 2024 (SB 477). Older guides cite section 65852.26, which HCD's table maps to sections 66340 and 66341. See California ADU rules explained for the bigger picture, and the ADU rules hub for related topics.