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JADU Owner-Occupancy & No-Separate-Sale Covenant (Junior ADU Deed Restriction)

The JADU Covenant: The One-Page Document That Can Stall Your Junior ADU Permit If you're converting part of your existing house into a Junior ADU JADU in un...

Written by 1-800-ADU-Pros

•7 min read

JADU Owner-Occupancy & No-Separate-Sale Covenant (Junior ADU Deed Restriction)

The JADU Covenant: The One-Page Document That Can Stall Your Junior ADU Permit

If you're converting part of your existing house into a Junior ADU (JADU) in unincorporated Los Angeles County, there's a legal step that catches almost everyone off guard. Before LA County Regional Planning will approve your plans, you have to record a covenant — a deed restriction — against your property's title. It's a single document, but if you don't handle it early, it can hold up your entire permit.

Here's what it is, why it exists, and how to get it done without slowing your project down.

What is the JADU covenant?

A covenant is a legal restriction recorded against your property at the County Registrar-Recorder. Once recorded, it "runs with the land" — meaning it stays attached to the property and binds every future owner, not just you.

For Junior ADUs, California law (Government Code §66333) requires this covenant to do two specific things:

  • Prohibit selling the JADU separately from the main house. Your JADU is part of your single-family home, not a standalone property you can sell off. The covenant makes that permanent and enforceable against future buyers.
  • Lock in owner-occupancy (when it applies) and confirm the JADU meets state size limits.

LA County won't approve your JADU plans until this covenant is recorded and on file. That's the part that surprises people — it's a front-end requirement, not a closing formality.

Does owner-occupancy actually apply to me?

This is the most misunderstood piece, and the rules changed as of January 1, 2026.

  • If your JADU shares a bathroom/sanitation facilities with the main house, owner-occupancy is required — you (the owner) must live in either the main home or the JADU.
  • If your JADU has its own separate bathroom, owner-occupancy is no longer required. You still record the covenant (the no-separate-sale prohibition always applies), but you're not forced to live on-site.

Owner-occupancy is also waived if the owner is a government agency, land trust, or qualified housing organization.

One more thing: a JADU can't be used as a short-term rental. If you rent it, the term has to be 30 days or longer.

How is a JADU different from a regular ADU?

This trips up a lot of homeowners. A standard ADU — detached or attached — generally does NOT get an owner-occupancy covenant. State law actually bars cities and counties from imposing one on regular ADUs.

JADUs are the exception. Because a JADU is carved out of your existing home (max 500 square feet, inside the walls, with its own exterior entrance), the state allows — and requires — this recorded covenant. So if a contractor or blog tells you "ADUs don't have owner-occupancy rules," they're right about ADUs and wrong about JADUs.

Step-by-step: how to file it

  1. Get the County's covenant form. Request the LA County Department of Regional Planning's prescribed JADU covenant when you submit your application. Don't grab a generic or another city's version.
  2. Fill it in accurately. You'll need your property's full legal description and Assessor's Parcel Number (APN), matching your current deed exactly.
  3. Sign it in front of a notary. Don't sign beforehand — the notary has to witness it, or the Recorder will reject it.
  4. Record it at the Registrar-Recorder. Take (or mail/e-record) the notarized covenant to the LA County Registrar-Recorder/County Clerk in Norwalk and pay the recording fee.
  5. Submit the recorded copy to Planning. Once you get the conformed, stamped copy back, give it to Regional Planning so plan check can finish.

What it costs and how long it takes

The only real cost is recording fees: roughly $90–$110 for a short document ($15 first page, $3 each additional page, plus the $75 SB 2 fee and a few small add-ons). Notary fees are extra. There's no separate "covenant fee" charged by Planning.

Timing-wise, recording in person in Norwalk is same-day; by mail or e-recording, expect one to three weeks to get the stamped copy back. Because plans can't be approved until it's recorded, start this early.

The bottom line

The JADU covenant is small but load-bearing. Get the County's form, notarize it properly, record it before plan check wraps, and keep the stamped copy. Handle it up front and it's a non-event — leave it to the end and it'll be the thing standing between you and your permit.

Always confirm the current form and requirements directly with LA County Regional Planning (info@planning.lacounty.gov or 213-974-6411), since ADU rules change frequently.

Sources: LA County Planning – ADUs; LA County ADU Step-by-Step Guide; LA County Building & Safety ADU Guidelines; HCD ADU Handbook (2026); LA County Registrar-Recorder Fees.

Reference card

  • Official number: No County form number; required under California Government Code §66333 (formerly §65852.22). LA County refers to it as the JADU "Covenant and Agreement" / recorded deed restriction.
  • Issuing body: Requirement set by the LA County Department of Regional Planning (DRP); the covenant is recorded with the Los Angeles County Registrar-Recorder/County Clerk (RR/CC) in Norwalk. Parallels the City of Los Angeles JADU covenant requirement.
  • What it is: A recorded legal document (a covenant / deed restriction that "runs with the land") tied specifically to Junior ADUs. It does two things required by state law: (1) prohibits selling or conveying the JADU separately from the main single-family home, and (2) where it applies, locks in the owner-occupancy condition and restricts the JADU's size/attributes to what state law allows. Because it is recorded against the property's title, it binds all future owners. LA County requires this covenant to be recorded BEFORE it will approve JADU plans/issue the permit.
  • Who needs it: Required for any Junior ADU (a unit built within the walls of an existing single-family home, max 500 sq ft, with its own exterior entrance). It is NOT required for a standard detached or attached ADU — those have their own, lighter deed-restriction rules and a local agency generally cannot impose an owner-occupancy covenant on a regular ADU. As of Jan 1, 2026 (Gov. Code §66333), the owner-occupancy portion only bites if the JADU shares sanitation (bathroom) facilities with the main house; if the JADU has its own separate bathroom, owner-occupancy is not required (though the no-separate-sale prohibition still applies). Owner-occupancy is also waived if the owner is a government agency, land trust, or qualified housing organization.
  • Fees: Recording fees only — there is no separate County 'covenant' fee. Per Gov. Code §27361 the base is $15 for the first page plus $3 for each additional page, plus the SB 2 (Building Homes and Jobs Act) fee of $75 per transaction and a few small statutory add-ons (e.g., Real Estate Fraud Prosecution $5, AB 1466 $2). In practice a short recorded covenant runs roughly $90–$110. Notary fees are extra (capped at $15 per signature in California, often bundled into a higher mobile-notary service fee).
  • Timeline: Plan on completing it during plan check, not after. Getting the form and notarizing it takes a day or two; recording is same-day if done in person at Norwalk, or about 1–3 weeks by mail/e-recording before you receive the conformed copy. Because plans cannot be approved until the recorded covenant is on file, build this into your timeline early so it does not stall permit issuance.

Requirements

  • Completed covenant/deed-restriction form in the format prescribed by LA County DRP (request the current version from Regional Planning with your JADU application)
  • Legal description of the property and the Assessor's Parcel Number (APN)
  • Current owner of record's signature, notarized (notarization is required for recording)
  • Language prohibiting sale of the JADU separate from the single-family residence, a statement that it is enforceable against future purchasers, and (if the JADU shares sanitation facilities) the owner-occupancy condition
  • Confirmation the JADU meets state size/attribute limits (within the existing home footprint, max 500 sq ft, own exterior access)
  • Recording fees payable to the LA County Registrar-Recorder/County Clerk

How to file

  1. Apply for your JADU through LA County Regional Planning / Building & Safety (EPIC-LA) and obtain the County-prescribed JADU covenant form
  2. Fill in the property legal description, APN, and owner information exactly as they appear on the current deed
  3. Sign the covenant in front of a notary public (do not sign beforehand — the notary must witness it)
  4. Record the notarized covenant with the LA County Registrar-Recorder/County Clerk in Norwalk (in person, by mail, or via an authorized e-recording service) and pay the recording fee
  5. Get the conformed/stamped recorded copy back from the Registrar-Recorder showing the recording date and document number
  6. Submit the recorded covenant to Regional Planning/Building & Safety so plan check can be completed — plans cannot be approved until the recorded covenant is on file

Common pitfalls

  • Treating it like a regular ADU — standard ADUs do NOT get an owner-occupancy covenant; this requirement is JADU-specific and surprises homeowners
  • Assuming owner-occupancy always applies — since Jan 1, 2026, if the JADU has its own separate bathroom, owner-occupancy is not required (but the no-separate-sale restriction still is)
  • Recording too late — the covenant must be recorded before plan approval; homeowners often discover this at the end and delay permit issuance
  • Signing before seeing the notary — the notary must witness the signature, or the Registrar-Recorder will reject it
  • Using a generic or another city's JADU form — use the LA County DRP-prescribed language; City of LA and County are separate jurisdictions with parallel but distinct forms
  • Wrong legal description or APN — a mismatch with the deed of record gets the document bounced at recording
  • Forgetting it binds future buyers — the covenant runs with the land, so it must be disclosed on resale; you cannot later sell the JADU as a separate unit
  • Short-term rental assumptions — a JADU can't be used as a short-term (under 30-day) rental; longer-term rental is allowed

Sources

Explore more:JADU (Junior ADU)Permits & Feasibility
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