Cal. Civ. Code § 17980.12
California Health and Safety Code
Operative Text
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: (A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in subdivision (a) of Section 66313 of the Government Code. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
Cal. Health & Safety Code § 17980.12 creates a temporary enforcement-delay mechanism for certain accessory dwelling units (ADUs) that receive building-standard violation notices. Owners of qualifying ADUs—those built before 2020, or built under a then-noncompliant local ordinance that has since been corrected—may apply to pause enforcement for five years if the violation does not threaten health or safety. The program stops accepting new applications after January 1, 2030, and the entire statute is repealed on January 1, 2035, though previously approved delays remain valid through their full approved term.
Plain English — not legal advice.
Under Cal. Health & Safety Code § 17980.12, enforcement agencies are required to include a delay-rights statement in any qualifying violation notice, and compliant operators familiarize themselves with the application form and manner prescribed by their local agency before submitting a delay request. A five-year delay is available only when the enforcement agency determines the uncorrected violation poses no health or safety risk, so operators of qualifying ADUs generally document the non-hazardous nature of the condition when applying. Separately, agencies cannot condition a new ADU or junior ADU permit on correcting an existing primary-dwelling violation unless that correction is necessary for health and safety.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Health & Safety Code § 17980.12 is primarily directed at ADU owners and enforcement agencies, but tenants living in qualifying ADUs may find it relevant if a landlord receives a violation notice and seeks a delay. Tenants can ask their local rent board or housing department whether a pending enforcement action has been delayed under this provision and what that means for habitability obligations. Tenant-rights organizations can help residents understand how an approved delay interacts with other habitability protections that remain in effect regardless of a § 17980.12 deferral.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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