Quote from @Jonathan Klemm:
@Dan H. - Your last two sentences caught my eye! Who determines if the unpermitted work is "safe" and what exactly constitutes as safe?
Here in Chicago, there's a lot of unsafe work happening lol
The relevant ordinance is SB13. It is not clear as to safe but certain things are obvious such as egress, unsafe electrical or plumbing, unsafe framing, etc. Sb13 does state in general terms who gets to determine a unit is unsafe.
I have taken it to mean that if it is of the quality of a licensed contractor but simply not permitted then it is legal for 5 years (which has already been extended once). They wrote SB13 such that existing unpermitted units were allowed, but they did not want to encourage further unpermitted units (so the units had to exist before a certain date). However, the 5 year date was fast approaching and there had been many safe unpermitted units added after the date in SB13. So AB2533 extended the time. In my opinion it sets a bad example. Knowing that it has been extended once already, is there great incentive for the additional costs associated with a permitted unit? At the very least it makes the decision to get permits not as strong as it would have been otherwise.
Here is the original text of SB13:
"...
(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) The enforcement agency shall grant an application described in paragraph (2) if the enforcement 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.
...."
As stated AB2533 has extended the time the unit had to exist by (originally the unit had to exist before JAN 1 2020). The date in SB13 existed to discourage further unpermitted units, but I believe the effect of SB13 and especially AB2533 has been to encourage unpermitted units.
Prior to SB13, there were areas in San Diego county with many unpermitted units (City heights being perhaps the most obvious) and areas with virtually zero unpermitted units (Poway where I lived had stringent enforcement on unpermitted units). Now all areas basically cannot require the removal of unpermitted units (at least for 5 years and longer if it keeps getting extended).
I understand there is a housing shortage. Removing safe units exasperates the housing shortage. But with these rules, why get a permit (cost, time, increase to property taxes, etc) unless you believe at some point the state will require safe unpermitted units to get a permit? I personally believe the housing shortage will continue for at least 15 more years and that the state is going to continue to protect safe unpermitted units for at least that long.
I do own some safe unpermitted units, but I did not add them. I purchased the property with the units already created. I purchased it before SB13 went into effect but after I already knew about it. I purchased at a price that reflected a risk that was going away in the near term (at least going away for 5 years at that time, since extended).
If I were adding units, I would pay to have it permitted but I understand those that make a different decision in this market. SB13 and AB2433 protect unpermitted units and that protection seems likely to continue (the Ab2533 precedent shows this).