Can I Sell My ADU Separately in San Diego? (AB 1033 Explained)

Direct Answer

San Diego guidance states that new or existing ADUs may be subdivided into condominiums and sold or otherwise conveyed separately from the primary residence when the requirements of local ADU condominium rules are satisfied.

That does not mean every ADU qualifies. Some ADUs with financing assistance, rent restrictions, deed restrictions, or affordability covenants may be excluded during the restricted term.

What AB 1033 Actually Does

AB 1033 authorized local agencies to allow the separate conveyance of primary dwellings and ADUs as condominiums. It does not automatically convert an ADU into a separate property. The local city or county must have rules in place, and the owner must satisfy condominium, subdivision, inspection, lienholder, utility, and disclosure requirements.

Common Requirements

• Condominium creation under the Davis-Stirling Common Interest Development Act.
• Compliance with the Subdivision Map Act and local subdivision procedures.
• Final inspection approval before recordation.
• Lienholder consent before recording the condominium plan or map.
• Utility provider notice and recorded covenants or disclosures.

Investor Reality Check

Separate sale can change the economics of an ADU, but it adds legal, mapping, lending, insurance, utility, HOA, and resale complexity. For many owners, renting the ADU may still be simpler than condominium conversion.

Related San Diego research: JADU vs ADU, ADU count rules, and size limits.

Building in LA instead? Check out our Los Angeles ADU Guide.

Source Notes

Informational only. Not legal, tax, real estate, investment, or permit approval advice.