Legal Question in Real Estate Law in California

Granny Flats

our county is not allowing second units unless you have double the property. state law ab1866 mandates they do, what can i do now.


Asked on 2/13/03, 3:51 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Granny Flats

I'm not sure your understanding of the impact of AB1866 (now signed into law and codified as revised Government Code section 65915) is correct. The county may not be required to do what you say. For example, the new law seems to apply only to permits for new construction, not existing properties. Also, counties have some leeway in how they comply. Finally, counties are not required to override existing laws enacted to address specific problems, such as septic field adequacy, I suppose.

You should contact the county attorney's office and ask what has been done to bring your county into compliance. Then ask whether the situation you have specifically in mind is addressed by the compliance measures.

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Answered on 2/13/03, 9:54 pm


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