Permits & Code
ADUs and tiny homes
State law makes accessory dwelling units a ministerial, objective-standards permit. Tiny homes on wheels are generally recreational vehicles, not housing, under HCD rules.
State ADU law (Government Code §66310 and following)
- ADUs subject to state law must be approved or denied ministerially, without discretionary review or a hearing, using objective standards (§66317(a), §66314(b)(1)).
- A permitting agency must approve or deny a complete application within 60 days where there is an existing dwelling on the lot; a denial must list the defects and how to fix them (§66317).
- Local limits on lot coverage, floor-area ratio, open space, front setbacks or minimum lot size cannot prevent an ADU of at least 800 sq ft with 4-foot side and rear setbacks (§66321(b)(3)).
- Detached ADUs get a base height limit of 16 feet, rising to 18 feet within a half-mile walk of a major transit stop or high-quality transit corridor (§66321(b)(4)).
- An ADU cannot trigger fire sprinklers in the existing main home (§66314(d)(12)).
Energy code for new detached ADUs
New detached ADUs are newly constructed homes under the 2025 Energy Code, including the solar PV rule and its 1.8 kW exemption. See energy code.
Tiny homes on wheels
HCD Information Bulletin 2016-01 explains that a tiny home on a chassis is generally a recreational vehicle or park trailer, not a dwelling under the housing codes. That matters for permits, financing and the energy code, and a 12-inch hempcrete wall (about 6,800–13,600 lb for a 400 sq ft home) is heavy for a trailer. MicroHom plans for permanent foundations.
Sources
- HCD, Accessory Dwelling Unit Handbook (March 2026 update). Checked Oct 18, 2026.
- HCD, Accessory Dwelling Units fact sheet. Checked Oct 18, 2026.
- HCD Information Bulletin 2016-01, tiny homes. Checked Oct 17, 2026.
- California Energy Commission, 2025 Energy Code guide for ADUs (Apr 2026). Checked Oct 17, 2026.
Last updated Oct 18, 2026. Each source above was checked on the date shown.